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Other close family members of U.S. citizen: Brothers and Sisters

 This preference category is for U.S. citizens’ siblings. To sponsor a foreign national brother or sister, a U.S. citizen must be older than twenty-one.  In addition, in order to enjoy the benefits of this preference category, a brother or sister must have been children of the same parent as the sponsoring U.S. citizen.  To speak with an attorney about sponsoring your brother or sister for a green card, click here.

At the same time that the brother or sister applies for immigrant status, the brother or sister may also sponsor their immediate family members for a green card.  The annual visa allotment available for this preference is 65,000, plus any visas not used by the first three preferences. To learn more about the annual visa allotment and current priority dates, please see the “Visa Bulletin“.

To petition to bring your sibling (brother or sister) to live in the United States as a green card holder, you must be a U.S. citizen and at least 21 years of age. Permanent residents may not petition to bring siblings to live permanently in the United States.

Required Documentation

To successfully complete the process, the U.S. citizen petitioner (i.e. the sponsor) must submit:

  • A completed Form I-130. (Note: You do not need to file a separate Form I-130 for your sibling’s spouse or unmarried children under 21 years of age.)
  • A copy of your birth certificate and a copy of your sibling’s birth certificate showing that you have at least one common parent.
  • Evidence that you are a U.S. citizen, such as:
    • A copy of your valid U.S. passport, OR
    • A copy of your U.S. birth certificate, OR
    • A copy of Consular Report of Birth Abroad, OR
    • A copy of your naturalization certificate, OR
    • A copy of your certificate of citizenship

Additional Documentation for Siblings through Adoption, Step Parents or Paternal Half-Siblings

If you and your sibling are related through adoption, please also submit:

  • A copy of the adoption decree(s) showing that the adoption took place before you or your sibling (the adopted child) became 16 years old.

If you and your sibling are related through a step-parent, please also submit:

  • Copies of documents showing that any prior marriage(s) of the natural parent and/or step-parent were legally terminated, AND
  • A copy of the marriage certificate of the step-parent to the natural parent (age restrictions for meeting definition of step-child apply)

If you and your sibling have a common (biological) father but different mothers (i.e. you are paternal half-siblings), please also submit:

  • Copies of the marriage certificates of the father to each mother,  AND
  • Copies of documents showing that any prior marriages of either your father or mothers were legally terminated.

Note: If your name or your sibling’s name has changed, please include proof of the legal name change (may include marriage certificate, divorce decree, adoption decree, court judgment of name change, etc.)

To schedule an appointment to speak with an attorney at The Callan Law Firm, P.C., click here.