You might wonder how immigration works in the USA regarding family. A common question is: Can I petition for my sister while she is in the USA? The simple answer is yes, but you will need to follow certain rules and steps. At the Law Office Of Ghenadie Rusu, we help families navigate immigration so they can bring loved ones closer.
Eligibility Requirements in 2024
- Status: You must be a U.S. citizen. Non-citizens cannot petition sisters and brothers.
- Age: You have to be at least 21 years old to sponsor a sibling.
- Financial Responsibility: Prove you can financially support your sister until she becomes self-sufficient.
Not sure if you met the requirements? Get Legal Advice Now Or Call (347) 907-1248 from our team. We will explain things clearly and give you peace of mind.
Guide to a Green Card Application for Your Sister and Brother
Here is a breakdown on sponsoring your sister and brother for a green card:
- Eligibility for Sponsoring:
- U.S. citizens can sponsor their sisters for a green card under the F4 family-based fourth preference immigrant visa category.
- This sponsorship can also extend to the sister’s spouse and unmarried children under the age of 21.
- Who Can Be Sponsored:
- You can sponsor a biological sister, half-sister (sharing a common father or mother), step-sister (if your parents married before your 18th birthday), or adoptive sister/brother (adoption occurred before the age of 16).
- Process Overview:
- Sponsorship involves filing specific immigration forms and providing substantial evidence confirming the familial relationship.
- Due to high demand and limited available visas in the F4 category, there is a significant wait period of over 10 years in most cases.
- Requirements for Sponsors:
- Must be a U.S. citizen and at least 21 years old to initiate the sponsorship process.
- Considerations for Sisters/Brothers Currently in the USA:
- The possibility of petitioning depends on the sister’s current immigration status and other legal factors. It’s advised to consult an immigration attorney for tailored advice.
- Green Card Holder Limitations:
- Individuals with a green card cannot sponsor their sister’s green card directly. Instead, they must wait until naturalization to become a U.S. citizen to then sponsor.
- Sponsoring Sister/Brother and Her Family:
- When sponsoring a sister/brother, it is also possible to include her spouse and her unmarried children under 21 in the petition. Read Our Latest Post on: What Does an Immigration Lawyer Do?
- Specific Cases:
- Adopted Sisters: Can be sponsored if the adoption took place before the age of 16, and sufficient documentation is provided.
- Step-sisters: Can be sponsored, assuming the sibling relationship was established before the 18th birthday of the sponsoring sibling.
- Biological Sisters After the Sponsor’s Adoption: If you were adopted and became a U.S. citizen through that adoption, sponsoring a biological sister might not be straightforward, and specific legal advice is necessary.
Each family’s immigration story differs, highlighting the need for guidance from skilled attorneys. They can navigate complexities, tailoring strategies to unique situations.
Considerations for Sisters Already in the US
Your sister’s current immigration status plays a crucial role in determining the petition’s feasibility. Consulting an immigration attorney is highly recommended for personalized advice.
Green Card Holders and Sponsorship
Unfortunately, green card holders cannot directly sponsor their siblings for a green card. They must first become US citizens through naturalization.
Specific Sister Scenarios
- Adopted Sisters: Sponsorship is possible if the adoption was finalized before your sister turned 16, and you can provide proper documentation.
- Step-Sisters: Sponsorship is possible if the sibling relationship existed before your 18th birthday.
Biological Sisters After Sponsor’s Adoption: If you were adopted and became a US citizen through that process, sponsoring a biological sister might require specific legal guidance.
Explore Our Detailed Guide on Green Card Categories:
- EB1 Visa Requirements, Timeline, Process, Cost
- EB2 Visa Requirements, Timeline, Process, Cost
- EB3 VisaRequirements, Timeline, Process, Cost
- EB-1 Green Card Processing Time in NYC
- How to Convert an E2 Visa to a Green Card?
Read More: What are the Immigration Attorney Fees in New York City?
Start the Journey Today!
Do not let immigration’s intricacies stop your family reunion. Whether your sister’s/brothers already here or planning to come, RusuLaw supports you. Book a Free Case Evaluation or Call (347) 907-1248 to bring her closer.
FAQs
Can I petition for my illegally present sisters/brothers?
No, her unlawful stay may impact adjusting her status to lawful permanent resident.
How long will petitioning my sister/brother take?
Timeframes vary widely, often 10 to 14 Months.
Can I sponsor my sister/brother to live in the USA?
Yes, U.S. citizens aged 21+ may petition for: Parents; Brothers or sisters.
What’s the fastest way to bring a sibling to the USA?
The quickest method is having them visit, then apply for permanent residency once here.
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