If you are a U.S. citizen with brothers or sisters who are natives of a foreign country, you may sponsor them for a green card (lawful permanent residence), along with their spouses and unmarried children under the age of 21. You must be 21 years of age or older yourself. You must also be willing to help guarantee that your sibling and family will be financially supported in the U.S. and not require any need-based government assistance. While this is a logical and convenient method of obtaining a green card for a family member, because of limits on the number of visas given out in this category every year, there is a long waiting list.

US Citizens Over 21

United States citizens over 21 can obtain green cards for their brothers and sisters by sponsoring them. Neither their age nor marital status is relevant, but if married their spouses and unmarried children under 21 may also immigrate with them at the same time. If the children turn 21 during this process, under the Child Status Protection Act you are able to subtract the time their visa petition was pending from their age at the time their priority date became current.

If you are a Legal Permanent Resident you are not eligible to sponsor your siblings for permanent resident in the U.S. If you are a U.S. citizen over 21 and wish to sponsor a brother or sister for a green card you must:

• Complete Form I-130.
• Submit copies of your birth certificate and those of your siblings proving you have at least one parent in common.
• To prove you are a U.S. citizen submit a copy of your valid U.S. passport, birth certificate, naturalization certificate, Consular Report of Birth Abroad, or certificate of citizenship.

If you would like to sponsor a sibling who was an adopted brother or sister, who had step parents, or a half brother or sister you share a father or mother with, you must also submit the following materials:

• Adopted siblings must submit copies of their adoption decrees to prove their adoption occurred before either you or they turned 16.
• Siblings through step parents must submit copies of documents to prove there was legal termination of the prior marriage of either their step parents or natural parents.
• Siblings with a common biological father or mother must submit copies of their marriage certificates as well as documents proving their prior marriages were terminated legally.

Please note that if the names of either you or your siblings have changed since being born, you need to prove the name change was legal. This name change can be proved through marriage certificates, divorce decrees, court judgment of the changes, or other documentation.

My Card Status

To check the status of your green card petition you can visit “My Card Status” by using the application receipt number on the application notices you received from the US Citizen and Immigration Services (“USCIS”). If your petition should be denied, an appeal form may be filed. After the required fee has been processed your appeal will be referred to the Board of Immigration Appeals.

Process of Sponsoring Siblings

The process to sponsor your siblings for U.S. green cards may be lengthy. The immigration laws of the U.S. have limits to the number of persons permitted to immigrant each year under the sibling category. This number is currently about 65,000 annually. Due to the country quotas under the U.S. immigration laws regulating the number of people permitted to immigrate annually, the wait is approximately 12 to 13 years. If the sibling you wish to sponsor is from Mexico or the Philippines, the wait increases to 18 years for Mexico and 23 years for the Philippines.