Many United States citizens and permanent residents want to help their siblings immigrate to the United States and obtain lawful permanent residency. However, an individual’s ability to do so depends on their immigration status. Family-based immigration law allows certain individuals to sponsor siblings for green cards, but it’s important to understand that the process can be time-consuming and legally complex. Continue reading for more information and work with a knowledgeable Baltimore County, Maryland family immigration lawyer today.
What is a Green Card?
A green card is a document issued to lawful permanent residents in the United States. Also referred to as a permanent resident card, it proves that the holder has been granted authorization to live and work permanently in the country.
This status affords holders many of the same rights and responsibilities as a U.S. citizen, excluding certain privileges like voting in federal elections. Having a green card can be extremely beneficial and allows individuals to permanently work and live almost anywhere in the country.
Can I Sponsor My Sibling for a U.S. Green Card?
Your ability to sponsor a sibling for a green card depends on your current immigration status. If you are a United States citizen and at least 21 years of age, yes, you are legally permitted to sponsor a sibling for a green card. This includes biological siblings, certain step-siblings, and adopted siblings, given that specific age and other requirements were met when the legal relationship was created.
Sponsoring an Adopted or Step-Sibling for a Green Card
For example, if you are related to your sibling through adoption, you must provide documentation showing that the adoption took place before you or your sibling turned 16 years old. If you are related through a step-parent, there must be evidence that any prior marriages of either parent were legally terminated before the marriage. In most cases, the marriage creating the step relationship must also have occurred before the child turned 18 years old.
Unfortunately, lawful permanent residents (green card holders) do not have the legal right to sponsor their siblings for permanent residency. If you have a green card and want to petition for a sibling, you typically must wait until you successfully complete the naturalization process and become a United States citizen.
How Can I Sponsor My Sibling?
If you are a United States citizen looking to sponsor your sibling for a green card, it’s important that you understand the legal requirements and process. You can initiate the process by filing Form I-130, the Petition for Alien Relative, with the USCIS (United States Citizenship and Immigration Services).
What is the F4 Family Preference Category?
Siblings fall under the fourth preference category (F4) of family-sponsored visas. There is an annual limit on the number issued, meaning that you could face long wait times for a visa to become available. Once your sibling’s priority date becomes current, they may apply for a green card through Adjustment of Status if they are eligible and legally present in the United States, or through Consular Processing if they are living abroad.
Because the process can take years and has strict requirements, it is recommended to secure the help of an experienced attorney. Contact Sheri Hoidra Law Office, LLC today for more information and legal assistance.
