U.S. Family Immigration & Legal Services

Family Based Sponsorship – US Citizen Sibling

If you are the sibling of a U.S. citizen, you may be eligible for lawful permanent residence (i.e. a Green Card) based on your family relationship. As a note, siblings are not considered “immediate relatives” under US immigration law. As a result, there is currently a lengthy backlog which will delay issuance of the immigrant visa after filing of the I-130 petition. For the most up to date information on the visa backlogs for this preference category, please refer to the Department of State’s Visa Bulletin

Eligibility for Adjustment of Status

In this category, siblings are not considered “immediate relatives”. Hence, siblings are not eligible for concurrent filing of the I-130 petition and I-485 Application to Adjust Status. In the event you are a foreign national with an approved I-130 petition and current priority date who is physically present in the US, you may be eligible to apply for an Adjustment of Status. In this case, it is highly advisable to speak with an immigration attorney to ensure your documents are properly filed, and that you are aware of key regulations regarding the timing of your application and your ability to subsequently depart the United States.

Consular Based Green Card

Foreign nationals who are located outside the US may have their US Citizen Sibling file the I-130 petition with USCIS to start their green card application process. Once the I-130 petition is approved, the case would be forward to the National Visa Center for processing of the immigrant visa application at a US Consulate / Embassy in the beneficiary’s home country, subject to the visa backlogs described above. The beneficiary may travel to the US while the application is in process, provided they possess a valid visa stamp or are eligible for the visa waiver program. However, please note that if the beneficiary is traveling to the US pursuant to a nonimmigrant visa (e.g. B-2, TN, etc.), they must possess the intent to remain in the US temporarily. In other words, the beneficiary cannot permanently move to the US until their immigrant visa is approved by the US Consulate / Embassy in their home country.