If you’re a U.S. citizen or permanent resident, you may wonder whether you can sponsor your sibling for immigration to the U.S. The United States Citizenship and Immigration Services (USCIS) recognizes the importance of family bonds. Therefore, USCIS offers legal pathways to help certain relatives of U.S. citizens who meet specific eligibility criteria to obtain a family-based visa. Nevertheless, sponsoring a sibling for immigration to the U.S. can be a complex and lengthy process. That said, it’s in your best interest to enlist the help of a proficient Middlesex County, New Jersey, Family Immigration Lawyer to learn about the different routes for family immigration to the U.S. and how our legal team can help keep your family ties intact.
Who Is Eligible to Sponsor a Sibling for Immigration in New Jersey?
Unlike other family-based immigration categories, in order to bring a sibling to the United States, only U.S. citizens are eligible. Lawful permanent residents (green card holders) are unable to sponsor a sibling for immigration.
In order for a U.S citizen to sponsor a spouse, they must prove:
- They are a citizen (birth certificate, passport, naturalization certificate)
- They are at least 21 years old at the time of sponsorship
- They share at least one parent with their sibling
- Any name changes or adoptions are properly documented
- If step-siblings are involved, the marriage creating the relationship occurred before the children were 18
Which Immigration Category Applies to Siblings?
Siblings can only immigrate to the U.S. through the Family Preferences Category under the F4 category. As such, only U.S. citizens who are at least 21 may file the petition on behalf of a brother or sister. There is no green card eligibility, nor are there exceptions. This differs from the “Immediate Relative” category, which applies to spouses, unmarried children under 21, and parents of U.S. citizens.Under F4:
- There are a limited number of visas available
- There is a considerable backlog of applications
- Wait times vary by chargeability
- Priority dates will determine when a visa is available
The F4 category is subject to numerical limits in accordance with federal immigration law. Each petition that is approved is assigned a “priority date,” which is the date USCIS will accept the I-130 petition. The process may only continue once this date arises.
Step-by-Step Process to Sponsor a Sibling
It’s important to understand that the process of sponsoring a sibling for immigration to the United States is not simple nor quick. This process entails multiple government agencies and, unfortunately, can take years. However, understanding the filing process and working with an experienced immigration attorney can help you avoid unnecessary delays in this process.
Step 1. File Form I-130
- Submit Form I-130 to USCIS
- Include proof of citizenship
- Provide evidence of the sibling relationship
- Pay the filing fee
- Once accepted, a priority date will be provided
Step 2. Wait for Visa Availability
- Monitor the Visa Bulletin monthly
- Track your priority date under the F4 category
- Wait for the date to become “current”
Step 3. Consular Processing or Adjustment Center
If your sibling is outside of the United States:
- Their case will transfer to the National Visa Center
- They must complete the DS-260 immigrant visa application
- They must attend the consular interview
- They must undergo the required medical examination
If your sibling is inside the United States (rare, due to visa wait time, but possible):
- They must file Form I-485 when their priority date becomes current
- They must attend the required biometric interview
- They must attend a USCIS interview, if required
What Factors Can Affect Processing Time?
Unfortunately, the processing times for an F4 visa are dependent on a number of factors, including the country of origin from which your sibling is immigrating, as well as the current number of cases being processed by USCIS.
Country of Origin
- Countries like Mexico, India, China, and the Philippines often face longer backlogs
- Per-country visa limitations can place strain on high-demand regions
USCIS Processing Backlogs
- Form I-130 adjudication times fluctuate
- Staffing can impact speed
- Requests for Evidence can result in additional delays
Accuracy of Filing
- Missing documentation can cause delays
- Incorrect forms may require refilling
- Inconsistent information can result in complications
Unfortunately, the F4 visa wait times can exceed 10 to 20 years, depending on the country from which a sibling is immigrating. In high-demand countries, the wait times can extend even longer due to visa limitations and caps imposed by federal immigration law.
Alternatives if the Wait Is Too Long
In many instances, families in Middlesex explore alternative options to bring a loved one to the United States if the wait time for an F4 is too long. If this represents your circumstances, you’ll find that working with an experienced immigration attorney is in your best interest to help you explore viable options to bring your loved one to the United States.
Employment-Based Immigration
- Employer sponsorship may be possible through PERM certification
- Requires qualifying education or experience
- Must file an EB-2 or EB-3 visa
Nonimmigrant Visa Options
- H-1B specialty occupation visa
- F-1 student visa
- L-1 intracompany transfer
Because the F4 visa wait times can unfortunately often exceed a decade, some families choose to explore these alternative options while waiting for a priority date to become current. Considering these options can help speed up reunification while the immigration process is pending.
Why New Jersey Families Should Plan Carefully for Sibling Sponsorship
New Jersey is home to one of the largest immigrant populations in the country, with many families immigrating from Mexico, India, and the Philippines. Unfortunately, these are countries that often experience higher F4 backlog. As such, early strategic planning with the assistance of an experienced New Jersey immigration attorney is in your best interest.
Contact an Experienced New Jersey Immigration Attorney Today
For more information concerning family immigration, please don’t hesitate to contact an adept Middlesex County lawyer from the Law Offices of Aditya Surti, LLC. We are prepared to help you with your family reunification.