By: Jennifer Fabian-Verzosa, Esq.

MISSING YOUR CHILDHOOD BEST FRIEND? ONE OF THE BENEFITS U.S. CITIZENS ENJOY IS THE ABILITY TO FILE AN IMMIGRANT VISA PETITION FOR A BROTHER OR SISTER OVERSEAS.

Lawful Permanent Residents, on the other hand, are not eligible to sponsor their brothers or sisters.

The waiting list for this fourth preference category is very long, with some countries considerably longer than others (e.g., Philippines and Mexico). Consequently, many people are forced to consider different legal options to bring their siblings to the U.S. It is a good idea to consult with an immigration attorney for the best strategy for your particular case.

The good news is that once consular processing is over and completed, your brother and sister will become a lawful permanent resident immediately! No need to worry about conditional residence or filing adjustment of status when he or she comes to the U.S. Your family member can enjoy the benefits of legal permanent residence right away, and immigrate with his/her spouse and children. The process may be long, but for many families, it is worth it in the long run. Reuniting families is priceless .

A few important things to note about the sibling family petition:

•  You, the U.S. Citizen petitioner, must be at least 21 years old.
• You must share the same parent, as defined by immigration law.
• Your brother or sister may be married (or not).
• The spouse and minor children of your brother and sister can immigrate with them

The first step and appropriate petition to file is I-130, Petition for Alien Relative. Other fees will apply once your sibling’s priority date becomes current (i.e., immigrant visa application fee, immigrant fee).

 It is always wise to engage an attorney to help you with this multi-step process . Insufficient or incorrect supporting documentation can cause additional delays in the processing of your brother or sister’s petition. You also want to make sure you are using the best and most efficient legal strategy to get your brother/sister to the U.S.  ( Read about whether you need an immigration attorney for your immigration petition here . )

You do not want to wait longer or pay more than necessary for your family member to immigrate to the U.S.

Contact our friendly immigration law office today , and we would be happy to assist you in getting started with filing the petition or discussing alternative legal routes. We offer affordable installment plans for any of our services , and we would love to help reunite your family!

*For Article Requests , Republications , or Speaking Engagements , please email: jennifer@law-jf.com

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DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

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