Bringing Siblings to the U.S. Under Family-Based Immigration

 Posted on December 27, 2024 in English

Family-based immigration laws allow a person to bring his or her sibling to the United States, although siblings are not in the "immediate relative" category. The Immigration and Nationality Act defines an immediate relative only as a spouse, parent, or child under the age of 21 of a U.S. citizen. So, even though many of us think of our siblings as "immediate" relatives, immigration officials do not; siblings are known as "preference" relatives.  

Since the number of family-based visas that can be issued each year is limited, there is always a backlog for a brother or sister family-based visa. This means that families can be separated for many years, missing all the family milestones in the interim. If you have a family-based immigration issue, an experienced Herndon, VA immigration attorney can help.

How Does Family Preference Immigration Work?

The enactment of the Immigration and Nationality Act of 1965 established family ties as the primary way for immigrants to come to America. Today, family visas account for about 65 percent of legal immigration each year. An average of 3.5 relatives are sponsored by a single American citizen.

Since there are only 480,000 total immediate family and family preference, an average of 226,000 go to family preference relatives, although the 480,000 total subtracts the number of immediate family visas, and the remaining number is what is left for family preference visas, with a minimum of 226,000.

What Are the Requirements for Family Preference Visas?

To bring a sibling to the United States, the sponsor sibling must be over the age of 18 and be a legal resident of the United States. The process is as follows:

• The sponsoring sibling must file an I-130 petition and wait for approval.
• Once the petition is approved, you must wait for a visa to become available, known as your "priority date becoming current."
• When a visa becomes available, the immigrant sibling must file a visa application with the National Visa Center. If the sibling is already in the U.S., he or she may be able to file an application for adjustment of status.
• The immigrant sibling must attend an interview at the U.S. embassy or consulate if the application is made from outside the U.S. or in the U.S. if an adjustment of status is being asked for.  
• When everything is in order and the application for a visa is approved, the immigrant sibling can enter the United States and become a lawful permanent resident upon entry.
•  Check the USCIS website for current processing times.  

Can an I-130 Sibling Petition be Expedited?

Under certain circumstances, it may be possible to expedite a sibling petition. These circumstances include:

• A compelling U.S. government interest
• A humanitarian situation
• A situation where the petitioner will experience severe financial loss
• An emergency situation

If any of these situations are present, a written request must be submitted to the USCIS, along with supporting evidence. The evidence must demonstrate that the criteria for an expedited request have been met. Requests for expedited sibling visas are evaluated on a case-by-case basis, and there is no guarantee that an expedited request will be granted.  

Contact a Fairfax County Immigration Lawyer

Family preference visas can be particularly complex. It is in your best interests to speak to a Herndon, VA immigration attorney from Immigration Legal Advisors, PLLC. We are a full-service law firm offering supportive services to all those interested in family-based immigration. With more than 20 years of immigration experience, we are ready to help you achieve your dreams. Call 571-441-2233 to schedule your free consultation. We speak English and Spanish.