Sponsoring Your Brother or Sister for a Green Card (Permanent Residency)

Who can file for permanent residency for a brother or sister? 

Only U.S. citizens can apply for their sibling. Lawful permanent residents cannot.

How long does the process take right now?

The problem with this category is that it is subject to the visa preference system and is considered the 4th preference, one of the longest backlogged categories. It currently takes, on average 10 years, for a brother or sister-based immigrant visa number to become available. Only after that number becomes "current" can the brother or sister apply for entry into the U.S. and a green card if abroad or for a green card if in the U.S. already. 

If the brother or sister is already in the U.S. and has been out of status for any time during the long wait for their visa number to become current, that immigrant will in most circumstances have to leave the U.S. to pick up the green card abroad. This could possibly cause a huge problem; the brother or sister could be subject to the 10 year bar if s/he stayed in the US unlawfully over a year and there's no waiver to come back into the US earlier unless the brother or sister has a US citizen child or spouse.  Being the brother or sister of a U.S. citizen does not help overcome the unlawful presence bars (the 3 and 10 year bars).

Are there any other options? 

This is where it's important to determine a way to keep the brother or sister in the U.S. legally, whether it be by switching from one visa to the next, assuming the immigrant is eligible.  The brother/sister category is not a quick route; an immigration attorney should always be consulted to determine the goals of the brother/sister over the next ten years, the options available if any, and the consequences of filing for an immigrant visa.

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The above information is general in nature and is not intended to be considered or relied upon as legal advice. You should always consult an attorney to determine if you are eligible to apply for adjustment of status or whether the potential reward of consular processing is worth any risk created by leaving the U.S.

Copyright © 2006 [Heather L. Poole] All Rights Reserved.

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