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How
Do I Bring My Brother/Sister to Live in the United States?
Background
Your sibling must go
through a three-step process to be eligible to live and work
permanently in the United States. First, the INS must approve an
immigrant visa petition that you
file for your brother or sister. Second, the State Department must
give your brother or sister an immigrant visa number, even if your
brother or sister are already in the United States. Third, if your
brother or sister is already in the United States legally, your
brother or sister may apply to adjust to permanent resident status
after a visa number becomes available. If your brother or sister is
outside the United States when an immigrant visa number becomes
available, your brother or sister will be notified to go to the
local U.S. consulate to complete the processing for an immigrant
visa.
Who
is Eligible?
If you are a U.S. citizen and at least 21 years old, you are
eligible to petition to bring your brother or sister to live and
work permanently in the United States. If you are a lawful permanent
resident, you are not eligible
to apply to bring your brother or sister to live and work
permanently in the United States.
You do not need to file separate visa petitions for your brother's
or sister's spouse or unmarried, minor children. Any child under 21
is considered a minor.
What is the Application Procedure?
U.S.
Citizen Application Responsibilities:
Please
note that you do not need to file separate applications for your
brother's or sister's spouse or unmarried, minor children. Any child
under 21 is considered a minor.
If you are seeking permanent resident status for your brother or
sister, and you have the same
mother, you must file the following items with the Immigration
and Naturalization Service:
ˇ
INS
Form I-130 Petition
for an Alien Relative
ˇ
Your birth certificate
(copy) showing the name of your mother
ˇ
Your Certificate of
Naturalization or Citizenship (copy) if you were not born in the
United States.
ˇ
A copy of your brother
or sister's birth certificate showing the name of the mother.
If you are seeking permanent resident status for your brother or
sister, and you have the same
father but different mothers, you must file the following items
with the Immigration and Naturalization Service:
ˇ
INS
Form I-130 Petition
for an Alien Relative
ˇ
Your birth certificate
(copy) showing the name of you and your father
ˇ
Your Certificate of
Naturalization or Citizenship (copy) if you were not born in the
United States.
ˇ
A copy of your
brother's or sister's birth certificate, showing your father's name.
ˇ
Copy of your father's
marriage certificates to both mothers.
ˇ
A copy of divorce
decrees, death certificates, or annulment decrees showing that any
previous marriages entered into by your father or mothers ended
legally.
If you or your brother or sister are illegitimate
and related through your father, you must file the following
items with the Immigration and Naturalization Service:
ˇ
Form
I-130 Petition for an
Alien Relative
ˇ
Your birth certificate
(copy) showing the names of you and your father
ˇ
Your Certificate of
Naturalization or Citizenship (copy) if you were not born in the
United States.
ˇ
A copy of your brother
or sister's birth certificate showing your father's name.
ˇ
Evidence that an
emotional or financial bond existed between your father and you
and/or your brother or sister before you and/or your brother or
sister was married or reached the age of 21.
If your brother or sister are legitimated
and related through your father, you must file the following
items with the Immigration and Naturalization Service:
ˇ
INS
Form 1-130 Petition
for an Alien Relative
ˇ
Your birth certificate
(copy) showing the names of you and your father
ˇ
Your Certificate of
Naturalization or Citizenship (copy) if you were not born in the
United States.
ˇ
A copy of your
brother's or sister's birth certificate showing your father's name.
ˇ
Evidence that you and
/or your brother or sister were legitimated before reaching the age
of 18 through the marriage of your brother's or sister's natural
parents, the laws of your brother's or sister's country, or the laws
of your father's country.
If you are petitioning for permanent resident status for your step
brother or step sister and you share a common mother, you must
file the following items with the Immigration and Naturalization
Service:
ˇ
INS
Form I-130 Petition
for Alien Relative
ˇ
Your birth certificate
showing your name and the name of your mother, as well as your
Certificate of Naturalization or Citizenship (copy) if you were not
born in the United States
ˇ
A copy of your
stepbrother or stepsister's birth certificate showing their name and
the name of your mother.
If you are petitioning for permanent resident status for your stepbrother
or stepsister and you share a common father, you must file the
following items with the Immigration and Naturalization Service:
ˇ
INS
Form I-130 Petition
for Alien Relative
ˇ
Your birth certificate
showing your name and that of your father
ˇ
The birth certificate
of your step brother or step sister showing their name and that of
your father
ˇ
Your Certificate of
Naturalization or Citizenship (copy) if you were not born in the
United States
ˇ
The marriage
certificates of your father to both your natural mother and your
step brother or step sister's natural mother, and proof of legal
termination of all prior marriages of your father and both your
mother and your step brother or step sister's mother
If you or your step brother
or step sister are illegitimate and related through your father,
you must file the following items with the Immigration and
Naturalization Service:
ˇ
INS
Form I-130 Petition
for Alien Relative
ˇ
Your birth certificate
showing your name and that of your father
ˇ
Your Certificate of
Naturalization or Citizenship (copy) if you were not born in the
United States
ˇ
The birth certificate
of your step brother or step sister showing their name and that of
your father
ˇ
Proof that a bona fide
parent child relationship existed between your father and you and/or
your step brother or step sister prior to you and/or your sibling
attaining the age of 21.
If you or your stepbrother or
stepsister are legitimated and related through a common father,
you must file the following items with the Immigration and
Naturalization Service.
ˇ
INS
Form I-130 Petition
for Alien Relative
ˇ
Your birth certificate
showing your father's name
ˇ
Your Certificate of
Naturalization or Citizenship (copy) if you were not born in the
United States
ˇ
The birth certificate
of your step brother or step sister showing their name and your
father's name
ˇ
Evidence that you
and/or your stepbrother or stepsister were legitimated before
reaching the age of 18 through the marriage of your father and your
natural mother(s), the laws of your step brother or step sister's
country, or the laws of your father's country.
Sibling Application
Responsibilities:
You will be notified by the INS if your I-130, Petition for Alien
Relative is approved or denied. If it is approved, your brother or
sister will be notified when a visa number is available. If your
sibling is outside the country, your brother or sister must then go
to the local U.S. consulate to complete visa processing. If your
brother or sister is legally inside the United States when a visa
number becomes available, your brother or sister should apply to
adjust to Permanent Resident Status.
Will
I Get a Work Permit?
Applicants who
are inside the United States and have filed INS
Form I-485 (Application to Register Permanent Residence or
Adjust Status) are eligible to apply for a work permit while their
case is pending. Your brother or sister should use INS
Form I-765 to apply for a work permit.
Your brother or sister does not need to apply for a work permit once
they are granted an immigrant visa or adjust to permanent resident
status. As a legal permanent resident, your brother or sister should
receive a permanent resident card that will provide evidence that
your brother or sister has a right to live and work in the United
States permanently. If your brother or sister is now outside the
United States, your brother or sister will receive a passport stamp
upon arrival in the United States. This stamp will prove that your
sibling is allowed to work until a permanent resident card is
created.
How
Can I Check the Status of My Visa Petition?
To check the status of your visa petition, please contact
the INS office that received your visa petition. You should be
prepared to provide the INS staff with specific information about
your visa petition.
How
Can I Appeal?
If the visa petition you filed for your brother or sister is denied,
the denial letter will tell you how to appeal. Generally, you may
appeal within 33 days of receiving the denial by mail. After your
appeal form and a required fee are processed, the appeal will be
referred to the Board of Immigration Appeals in Washington, D.C.
Can
Anyone Help Me?
If advice is needed, you may contact the INS District Office near
your home for a list of community-based, non-profit organizations
that may be able to assist you in applying for an immigration
benefit.
How Do I Apply for Immigrant Status Based on Employment?
How Do I Become a Lawful Permanent Resident While in the United States?
How Do I Bring My Children to Live in the United States?
How do I bring my Fiancé(e) to the United States?
How Do I Bring My Parents to Live in the United States?
How Do I File an Affidavit of Support?
How Do I Get a Work Permit?
How Do I Replace My Permanent Resident Card?
US IMMIGRATION GLOSSARY AND ACRONYMS
Sourced
from the US Department of Justice – Immigration and Naturalization Service
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