family members sitting around a table celebrating

As a United States citizen who achieved that status through the immigration process, you understand how complicated these matters can be. Additionally, you likely understand how special the bond between family members can be, as you may miss your loved ones back home. That’s why if you have a sibling looking to obtain a green card, understanding this process is critical if you wish to help them. The following blog explores these matters further and how a New York City family immigration lawyer can help you through these challenging times.

Is My Sibling Eligible for a Green Card?

If your sibling has expressed interested in coming to the United States, it’s important to understand that you must first determine if they are eligible to obtain a visa, which is the foundational step in the long journey to obtaining a green card.

Generally, family-based immigration is divided into four preference categories based on the applicant’s relationship and your status as a citizen or lawful permanent resident. As such, the adult siblings of United States citizens are eligible for an F4 visa. As such, there are only 65,000 of these visas granted annually.

What Does This Process Look Like?

If your sibling is outside the country when they apply, the first step in this process is for you, as a U.S. citizen, to file a form I-130, Petition for Alien Relative. You must also prove your relationship to the individual. As long as you share one parent, you are considered siblings in the eyes of the United States Citizenship and Immigration Services (USCIS). In addition, you’ll need to file a form I-864, Affidavit of Support. Essentially, this document states that you are financially responsible for providing for your sibling so they do not have to provide government benefits to your sibling if they cannot support themself.

If your petition is approved, you will receive another packet in the mail you must complete. Once you submit this, your sibling will go to the United States Consulate or Embassy in their home country to apply for a visa. If their application is approved and they successfully enter the United States on this immigrant visa, they can file a form I-485, Application to Register Permanent Residence or Adjust Status to apply for their green card.

It is critical to understand that just because your petition is approved does not mean your sibling’s visa application will be approved.

The process of helping a sibling obtain a green card can be confusing and overwhelming. That’s why it’s in your best interest to connect with an experienced attorney from the Law Office of Jason A. Dennis who can assist you through these complicated matters. Reach out to our team today to learn how we can help with any issues you may face during this process.