For many immigrants residing in the United States, the dream of reuniting with family members from their home countries is a significant motivation. However, navigating the complexities of U.S. immigration law can be daunting, especially when it comes to understanding if green card holders can sponsor siblings for lawful permanent residency, commonly known as a green card.
In this blog post, we will answer the question, “can green card holder sponsor siblings?” the requirements for U.S. citizens to do so, and the essential steps involved in the sponsorship process.
Can a Green Card Holder Sponsor Siblings?
Unfortunately, under current U.S. immigration law, lawful permanent residents, or green card holders, do not have the privilege of petitioning for their siblings to immigrate to the United States. To initiate the process of sponsoring a sibling, one must be a U.S. citizen. This means that individuals who possess a temporary green card or have not obtained U.S. citizenship cannot petition their siblings to join them in the United States.
Can I Sponsor My Sibling if I’m a U.S. Citizen?
As a U.S. citizen wishing to sponsor a sibling for lawful permanent residency, you must fulfill specific requirements to establish your citizenship status. When submitting Form I-130, the Petition for Alien Relative, to U.S. Citizenship and Immigration Services (USCIS), you, as the sibling petitioner, must provide documentary evidence of your U.S. citizenship. This may include a Naturalization Certificate, U.S. birth certificate, U.S. passport, Certificate of Citizenship, or Consular Report of Birth Abroad.
Moreover, you must also substantiate your relationship with your sibling by furnishing copies of both your and your sibling’s birth certificates. Additionally, supporting documentation such as proof of legal name changes, two passport-style photographs, and any relevant supplementary materials should be included to facilitate the processing of your petition.
How Can I Sponsor My Sibling?
For those fortunate enough to be U.S. citizens seeking to sponsor their siblings, understanding the eligibility criteria and required documentation is crucial. The legal framework for sibling sponsorship is outlined in the U.S. Immigration and Nationality Act (I.N.A.) Section 101(b)(1) and (2), 8 U.S.C. Section 1101(b)(1) and (2).
Step-Siblings, Adoptive Siblings, and Paternal Half-Siblings each have specific conditions and documentation requirements:
- Step-Siblings: Step-siblings may be eligible for a sibling visa if their sibling relationship is through marriage. Both you and your U.S. citizen step-sibling must have been 18 years or younger when your parents got married, and your parents must still be married. Documentation of divorce or termination of prior marriages, along with the marriage certificate of your step-parent and natural parent, is necessary.
- Adoptive Siblings: In cases of adoption, both the petitioner and the sibling must have been younger than 16. Valid adoption decrees must accompany Form I-130 to demonstrate the adoption met legal requirements.
- Paternal Half-Siblings: If you share the same father but have different mothers, known as paternal half-siblings, additional evidence such as marriage certificates and documentation of previous legal terminations of marriages is required.
Contact an Immigration Lawyer Today
Navigating the immigration process, especially when it involves family sponsorship, demands meticulous attention to detail and strict adherence to legal requirements. Seeking professional guidance from an immigration lawyer can significantly streamline the process, ensuring all necessary steps are taken to achieve your goals.
The 360 Immigration Law Group offers comprehensive assistance nationwide, catering to diverse communities and languages. Whether you reside in Coconut Creek, Pompano Beach, Boca Raton, Tamarac, Parkland, Deerfield Beach, Sunrise, Oakland Park, Fort Lauderdale, and Plantation, rest assured that support is readily available. With free consultations conducted in Portuguese, Spanish, or English through various channels, initiating your journey as a sponsor is both convenient and accessible. Contact us at 954.667.3660.