Package for Sibling of U.S. Citizen
Who should buy this package?
You should buy this package if you think that you are up to the challenge of dealing with the U.S. immigration system without an attorney, but you would like a bit of guidance before taking the plunge! This package contains helpful information for U.S. citizens considering filing immigration applications on behalf of their non-citizen siblings.
Under U.S. immigration law, the following relationships can qualify as “sibling” relationships:
- The U.S. citizen and the non-citizen are full siblings (meaning that they share both a mother and a father in common);
- The U.S. citizen and the non-citizen are half siblings (meaning that they share only one parent in common);
- The U.S. citizen and the non-citizen are step siblings, so long as the marriage creating the step-sibling relationship occurred before both siblings turned 18 years old; or
- The U.S. citizen and the non-citizen are adoptive siblings, so long as the adoption was finalized before the adopted sibling turned 16 years old.
You should not purchase this package unless you and your sibling share one of the relationships described above.
Please note that, even once a family-based petition is approved, siblings of U.S. Citizens will need to wait their turn in line for a visa to become available. Based on current wait times, a sibling of a U.S. Citizen can reasonably expect to wait 12-15 years, or possibly even longer, for a visa to become available. To check current waiting times for immigrant visa availability, please visit: https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html
Please further note that the approval of a family-based petition for a sibling of a U.S. citizen does not provide the sibling with any immigration benefits until their visa becomes available. Even after this type of petition has been approved, the sibling will not have any status in the United States. The sibling cannot simply wait in the United States without lawful immigration status for a visa to become available to them. In order to get a Green Card, the sibling must comply with US immigration laws while he or she waits for his visa.
What is in this package?
- Overview of the process of filing an I-130 Family Petition on behalf of a sibling of a U.S. citizen.
- Checklist of forms and evidence that you will need to submit with your application.
- Step-by-step instructions, which will guide you through the process of collecting necessary evidence, filling out your paperwork, and properly filing the petition with United States Citizenship and Immigration Services (USCIS).
- Example “Certificate of Translation”, which you will need if your application will contain any document written in a language other than English.
- Sample Cover Letter. You shouldn’t judge a book by its cover, but USCIS does sometimes judge a family petition by its cover letter! Following this template will help to ensure that your application is not erroneously rejected in USCIS’s mailroom.
- Sample Affidavits. If you would like to have friends or family members write to USCIS about your family’s relationship, following this template will help to ensure that USCIS gives the written testimony full evidentiary weight.
- Blank Immigration Forms, including the most common forms that are filed with a Green Card application on the basis of having a U.S. Citizen sibling.
- Instructions for Reading the Visa Bulletin, which will help you assess the current wait times on the basis of your priority date.
- Frequently Asked Questions, answering some of the most common questions that applicants have when filing family petitions on behalf of their siblings.
How to use this package?
Follow the step-by-step instructions on how to complete, assemble, and file a successful family petition with USCIS. The package starts with an overview of the process, provides a checklist of the documents that you’ll need to submit with your application, and provides detailed instructions for how to complete each form. The package also contains instructions for preparing your application for mailing, and an explanation of what will happen once the family petition is approved. Following the instructions in this package may prevent you receiving a Request for Additional Evidence on your application, or, worse, a denial.
Special instructions
This guide is intended to provide instructions only as to the initial petition for a sibling of a U.S. Citizen. It does not provide detailed instructions as to how the sibling can obtain a green card after the 12-15 year wait. If your family petition has already been approved and a visa is now available for you, you should speak with an experienced immigration attorney in order to get specific, individualized instructions for how you can obtain your green card.
Please note that if a non-citizen sibling has a serious criminal history or history of immigration violations, they may never be eligible to obtain a green card. If you are concerned about the non-citizen sibling’s criminal record or immigration history, you should consult with an experienced immigration attorney prior to filing any immigration paperwork on their behalf.