Native-born and naturalized citizens of the United States can sponsor their siblings for a family immigrant visa, in addition to their spouses, children, and parents. However, some restrictions on this type of family visa do not apply to others of the same category, and successfully applying and obtaining one can be difficult and taxing.
When you want to sponsor your sibling’s immigration to the U.S. or seek an immigrant visa through a brother or sister already living here, seek out a Boston sibling visa lawyer. We could offer crucial guidance throughout the application process, help you resolve possible problems along the way, and give you the best chances possible of a favorable final case result. Call today to work with one of our hard-working family immigration attorneys.
Family immigrant visas to the U.S. fall into two main categories: higher-priority immediate relative visas and lower-priority family preference visas. Higher-priority visas are reserved for spouses, unmarried children under 21, and parents of a qualifying U.S. citizen, if the sponsor is over 21. Lower-priority visas are only available on a limited basis each calendar year, and they may be granted to other family members of lawful U.S. residents in the following priority order:
Siblings fall last in this priority order and can only be sponsored by a sibling who is already a citizen over the age of 21 living in the U.S. The sibling sponsor cannot be just a lawful permanent resident. As a sibling visa attorney in Boston could further explain, this is a significant departure from the usual age minimum for sponsors of 18 years old.
Assuming a proposed sponsor meets all the criteria listed above, they will need to begin the visa application process on their sibling’s behalf by filling out Form I-130. The sponsor will then submit it to U.S. Citizenship & Immigration Services alongside copies of government-issued documentation proving they are a U.S. citizen and share at least one common parent with the sibling they intend to sponsor. This documentation could be a copy of a valid U.S. passport, birth certificate or equivalent Consular Report of Birth Aboard, or naturalization certificate to prove citizenship. The sponsor will also need to send copies of both their birth certificate and that of their sibling.
Siblings related through adoption, stepparents, or a common biological father are still eligible for sibling visas, but they will likely need to submit additional evidence proving the validity of their relationship with their sponsor. This evidence could include copies of adoption decrees and related documents, marriage certificates between stepparents, and certification that prior marriages between their parents were terminated as legally required. A lawyer in Boston can help collect necessary documentation and compile it into a comprehensive sibling visa application.
The most significant restriction on sibling immigration is the severe backlog. Although the monthly Visa Bulletin will show the most up-to-date status of the backlog, it will take well over 15 years for a sibling to immigrate under current conditions.
“Unfortunately, many people lose interest in filing for their siblings when they see how severe the backlog is. Currently, the backlog is about 17 years. It’s not a bad idea to ask immigration attorneys if they plan on practicing for another 20 years before hiring them to take a sibling immigration case.
In one memorable case, a U.S. Citizen sponsored a sibling—not because the sibling had much interest in immigrating, but the sibling had a young child; and our client was hoping that the visa would be approved in time for the nephew to come to the United States in time for college!” ~ Jamie Gorton, Managing Attorney
The family immigrant visa application process asks a lot of both sponsor and prospective visa recipient, and that doubles for citizens trying to sponsor brothers or sisters. While the stakes may be high for your entire family’s future, you do not have to handle it all alone.
Working closely with a Boston sibling visa lawyer could dramatically improve your chances of achieving a successful outcome from your petition. Call today to schedule a consultation with one of our attorneys and get started on your future.
