Maggio+Kattar

The brothers and sisters (siblings) of United States citizens age 21 and over are eligible for immigrant visas, however, the wait period for visa availability can run upwards of ten years.  For persons born in India and the Philippines, the wait is much longer. Alternate immigration strategies, such as employment-based immigration, should be explored for the siblings of U.S. citizens, but, in some cases, this means of immigration to the United States is the most viable route.  

Sibling relationships come in many different forms and the U.S. Citizenship and Immigration Services (USCIS) recognizes, with limitations, different types of sibling relationships.  Half-brothers and half-sisters, sharing one common parent, qualify but, as always, this relationship must be proven by specific documentary evidence.  - also may qualify if the marriage creating the stepchild relationship of each sibling to his or her stepparent took place before the stepchild’s 18th birthday. Additionally, if the sibling relationship is created through a common father, and one or both siblings were born out of wedlock, the sibling(s) must have been legitimated or an ongoing bona fide father-child relationship must be proven.  You may consult with a legal professional to obtain more information concerning whether your particular relationship qualifies under the immigration laws. 

Most family-based visa petitions are initiated when the sponsoring relative files an immigrant visa petition, also known as a Form I-130, with the appropriate Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) Service Center or U.S. Consulate abroad. The date of receipt of this petition by USCIS establishes the “priority date,” or place in line for an immigrant visa. Processing times for these petitions vary from several months or much longer depending on visa availability.  When a petition is approved, and the “priority date” becomes current (i.e. after any applicable waiting line has passed), the sponsored individual may apply for an immigrant visa or, where eligible, apply for adjustment of status to obtain lawful permanent residence in the United States.   An immigrant visa permits the individual to become a legal permanent resident (“green card” holder) after admission to the United States with the immigrant visa. It is important to note that filing an immigrant visa petition for a relative can make it more difficult for the sponsored individual to obtain a tourist, student, or certain other types of temporary visas or it may bring an individual here in the United States without authorization to the attention of the immigration authorities. Additionally, an individual must otherwise be eligible to obtain lawful permanent resident status in the United States or be eligible for a waiver of inadmissibility.  An individual’s admissibility should also be thoroughly assessed before a visa petition is filed.  As such, we recommend that immigration counsel be consulted before a visa petition is filed.