Siblings of US Citizens

Sibling Immigration as Fourth Preference (F4) Category

Under U.S. immigration law, adult U.S. citizens (21 years or older) can petition for their foreign-born siblings to immigrate to the United States. This category is known as the "Fourth Preference" or "F4" category in the family-based immigration system.

The F4 category includes:

• Brothers and sisters of U.S. citizens
• Their spouses
• Their unmarried children under 21 years of age

Eligibility Requirements

To petition for a sibling, the following requirements must be met:

• The petitioner must be a U.S. citizen who is at least 21 years old
• A qualifying sibling relationship must exist with the beneficiary
• The petitioner must be willing and able to provide financial support to the beneficiary
• The beneficiary must be admissible to the United States

Qualifying Sibling Relationships

A qualifying sibling relationship can be established through:

• Full Siblings: Sharing both biological parents
• Half Siblings: Sharing one biological parent
• Step Siblings: No blood relationship, but the parents are married to each other (the marriage must have occurred before both siblings' 18th birthdays)
• Adoptive Siblings: If both were adopted before age 16 and have a two-year legal custody and residence with the same adoptive parents

The Sibling Petition Process

The sibling immigration process involves several stages:

Stage 1: Filing the Petition

The U.S. citizen petitioner must file Form I-130, Petition for Alien Relative, with USCIS along with the following:

• Evidence of U.S. citizenship (U.S. passport, naturalization certificate, etc.)
• Documentation proving the sibling relationship:
• Birth certificates for both siblings showing the same parents
• Parents' marriage certificate (if applicable)
• Divorce decrees and remarriage certificates (if applicable)
• Adoption records (if applicable)
• Filing fee

Stage 2: Priority Date and Waiting Period

Upon filing the I-130 petition, a priority date is established (the date USCIS receives the petition). This date determines the sibling's place in line for an available visa number.

The Department of State's monthly Visa Bulletin indicates which priority dates are currently being processed for each preference category and country. The sibling must wait until their priority date becomes "current" before proceeding to the next stage.

Given the long waiting periods for the F4 category, maintaining current contact information with USCIS and the National Visa Center is crucial. The petitioner should update USCIS with any address changes using Form AR-11.

Stage 3: Consular Processing or Adjustment of Status

When the priority date becomes current, the sibling can proceed through either:

Consular Processing (if the sibling is outside the U.S.)

1. The case is transferred to the National Visa Center (NVC)
2. The NVC collects fees and additional documentation, including:
   • Form DS-260, Immigrant Visa Application
   • Civil documents
   • Affidavit of Support (Form I-864)
   • Financial evidence
3. Medical examination by a designated physician
4. Immigrant visa interview at a U.S. embassy or consulate
5. If approved, the sibling receives an immigrant visa to enter the U.S.
6. Upon entry, the sibling becomes a lawful permanent resident

Adjustment of Status (if the sibling is legally in the U.S.)

1. The sibling files Form I-485, Application to Register Permanent Residence or Adjust Status
2. Submits supporting documents, including:
   • Affidavit of Support (Form I-864)
   • Medical examination (Form I-693)
   • Evidence of lawful entry and maintenance of status
3. Attends a biometrics appointment
4. May attend an interview at a local USCIS office
5. If approved, receives a green card

Stage 4: Financial Sponsorship

The U.S. citizen petitioner must demonstrate the ability to financially support their sibling at 125% above the federal poverty guidelines by filing Form I-864, Affidavit of Support. If the petitioner does not meet the income requirements, a joint sponsor who is a U.S. citizen or LPR may be needed.

Strategic Planning for Sibling Petitions

Given the extended waiting periods, strategic planning is essential:

Alternative Immigration Options

While waiting for the sibling petition to become current, beneficiaries may explore other immigration options:

• Employment-based immigration: For siblings with professional skills or job offers in the U.S.
• Diversity Visa Lottery: For siblings from eligible countries
• Temporary visas: B, F, J, or H visas to legally visit, study, or work in the U.S. while waiting

Family Planning Considerations

Various life events can affect the sibling petition:

• Marriage of siblings' children: Unmarried children under 21 can immigrate with the sibling, but if they marry, they lose eligibility
• Children "aging out": Children who turn 21 during the waiting period may no longer qualify as derivatives unless protected by the Child Status Protection Act (CSPA)
• Death of the petitioner: In some cases, the petition can still proceed under humanitarian reinstatement

Common Challenges in Sibling Petitions

Families often face various challenges when pursuing sibling petitions:

• Extremely long wait times: Often 10-15+ years, requiring long-term planning
• Complex documentation: Especially for half-siblings, step-siblings, or families with complicated histories
• Maintaining valid contact information: Over long waiting periods, ensuring all updates reach the beneficiary
• Financial sponsorship: The petitioner must maintain the ability to sponsor the sibling financially
• Changing life circumstances: Managing the impact of marriages, births, deaths, and other life events during the waiting period

Our Services for Sibling Petitions

JZ Law Group provides comprehensive legal services for U.S. citizens petitioning for their siblings, including:

• Evaluating eligibility and family relationships
• Preparing and filing thorough I-130 petitions with comprehensive documentation
• Strategic planning for the long waiting period
• Advising on alternative immigration options during the wait
• Assisting with address updates and maintaining case status
• Priority date monitoring and Visa Bulletin analysis
• Preparing for consular processing or adjustment of status when the priority date becomes current
• Addressing documentary challenges for proving sibling relationships
• Preparing financial sponsorship documentation
• Helping with derivative beneficiary issues, including CSPA calculations
• Responding to Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs)

Why Choose JZ Law Group for Your Sibling Immigration Case

Our firm understands the importance of family reunification and the desire to bring siblings to the United States. We provide compassionate and thorough representation, recognizing the unique challenges posed by the long waiting periods in the sibling category.

We pride ourselves on taking a long-term approach to sibling petitions, helping clients develop strategic plans that account for the extended timeframes involved. Our attorneys provide ongoing support throughout the entire process, from initial filing through the waiting period and eventual immigration of the sibling.

Our experience with complex family relationships helps us address the documentary challenges that often arise in sibling cases, particularly those involving half-siblings, step-siblings, or siblings with limited documentation.