U.S. Citizen Filing for a Brother or Sister: Processing Time
Family-Sponsored | All Chargeability Areas ExceptThose Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
F4 | 01MAR08 | 01MAR08 | 01AUG06 | 30APR01 | 22JUL07 |
Bringing a sibling to the U.S. as a U.S. citizen filing is a very common process, however it usually involves very long wait times. In fact, completing the whole process can take over 10 or 20 years, depending on where your sibling is from. Countries like Mexico, India, and the Philippines have especially long backlogs due to high demand for immigrant visas.
In this article, we’ll cover everything you need to know about the family-based immigration process to file for a sibling, including who is eligible to file, how long the process takes, and the key factors that can impact processing time. From filing the petition to handling the necessary documentation, we’ll break down the essential steps and help you understand what to expect along the way.
Processing Time for Sibling Sponsorship
If you’re a U.S. citizen planning to file for a sibling, you may be wondering about the processing times and how long the entire process will take.
The first step in the process is filing the I-130 petition for a sibling with USCIS. The I-130 processing time for siblings can vary, but it generally follows the availability of visas in this family-based green card category (F4).
The total wait time to actually complete the process can be q=uite lengthy. This is because there are a limited number of these visas available every year, and there has historically been a steady demand. This results in a long period for people in the “F4” (U.S. citizen filing for a brother or sister) category since there are not enough visas available to meet the demand.
Several factors play into this long wait, including when you filed your petition (the “priority date”) and the nationality of the sibling you are trying to bring to the US.
The priority date is set on the day USCIS receives your I-130 petition, and it determines when your sibling’s visa will be processed. The per-country limits on visas can impact waiting times for citizens of high-demand countries. Furthermore, the USCIS processing times can fluctuate, as well as how long consulates take to process the visa once it’s available.
The “F4” (U.S. citizen filing for a brother or sister) processing time is significantly longer compared to other family-sponsored categories. In fact, the wait for an immigrant visa can extend up to 10 or even over 20to 12 years, depending on where your sibling is from. Countries like Mexico, India, and the Philippines have especially long backlogs due to high demand for immigrant visas.
Given the complexity of the process, consulting with an immigration attorney can be a smart move. They can help ensure everything is in order and guide you through the next steps, including preparing for the visa interview. Our experienced immigration lawyers at Manifest Law can also help you navigate any delays that may come up along the way, ultimately speeding up the process.
How to Track the Status of Your Petition
Tracking the status of your I-130 petition for siblings is essential to staying informed throughout the petition process. After you file the petition, USCIS provides a receipt notice with a unique case number that allows you to track its progress.
Here’s how you can stay on top of your petition status, and understand the I-30 processing time for siblings:
- USCIS Online Case Status: Start by using the USCIS online case status tool. Enter your receipt number (provided after filing the petition) to check if there are any updates on the processing time.
- Visa Bulletin: To understand when your sibling can apply for a visa, check the monthly visa bulletin. This shows the current priority dates for the Family-Based Preference category (F4) and lets you know if your sibling’s visa is ready for processing.
- Processing Time Estimates: USCIS also posts estimated processing times for a U.S. citizen filing for a brother or sister. These estimates can vary by which service center is processing the petition
- Consular Processing: Once the petition is approved, your sibling will need to wait for a visa interview at a U.S. consulate. Processing times for consulates vary.
By following these steps, you can stay informed about the I-130 processing time for siblings and know when your brother or sister’s visa may be available.
Alternatives and Options if the I-30 Processing Time for Siblings is Too Long
If you’re a U.S. citizen filing for a sibling, you may be facing long waits due to the I-130 processing time for siblings, which can stretch for years.
If the wait is too long, one alternative could be applying for a temporary visa, such as a visitor visa or student visa, allowing your sibling to enter the U.S. for a specific period. However, it’s important to note that these visas don’t guarantee permanent residency and may not be a long-term solution, especially if your sibling intends to stay once their visa expires. Additionally, you must prove that your sibling intends to return to their home country after their stay to avoid visa violations.
Another potential route is exploring other family-based visas. If your sibling has other family members who are U.S. citizens or permanent residents, such as parents or spouses, they may be eligible for immigration under different categories. Petitions for parents or spouses generally have shorter processing times compared to sibling petitions.
Not sure which option is best for your sibling’s immigration journey? Book a free consultation with Manifest Law to discuss your situation and receive guidance on which alternative visas may be worth exploring.
Eligibility for U.S. Citizens to File for a Brother or Sister
If you’re a U.S. citizen and you’re considering filing for your sibling, there are a few eligibility requirements to keep in mind.
Who Can File:
- U.S. Citizenship: You must be at least 21 years old and a U.S. citizen (either by birth, naturalization, or U.S. passport).
- Status Proof: You’ll need to show proof of your citizenship, like a birth certificate, passport, or naturalization certificate.
Who Can Be Sponsored:
- Sibling Eligibility: Your sibling must be able to prove the biological relationship to you. This applies regardless of their age (over 21 for the F4 family preference category).
- Relationship Proof: You’ll need to provide official documents that establish your sibling relationship, like:
- Birth Certificates (for both you and your sibling)
- Family Records (showing the names of both parents)
Once you meet these eligibility requirements, you can begin the process of filing the Form I-130.
If you’re unsure about the paperwork or need assistance, consulting an immigration attorney can help ensure everything is submitted correctly from the start. Book a free consultation with Manifest Law.
Process for U.S. Citizen Filing for a Brother or Sister
The process of a U.S. citizen filing for a brother or sister involves several key steps.
Step 1: Filing the Petition (Form I-130)
The first step in sponsoring your sibling is submitting Form I-130, Petition for Alien Relative. This form is essential for establishing the family relationship between you (the U.S. citizen) and your sibling.
You’ll need to provide supporting documents, such as birth certificates or family records, to prove the sibling relationship.
Once filed, USCIS will process your petition and, if everything is in order, approve it. Filing the form can be done online or via mail.
Step 2: Immigrant Visa or Adjustment of Status
After the petition is approved, the next step depends on whether your sibling is inside or outside the U.S.
If your sibling is outside the U.S., they will apply for an immigrant visa at the U.S. consulate in their home country. This involves submitting documents, undergoing a medical exam, and attending a visa interview.
If your sibling is inside the U.S., they may be eligible to apply for an adjustment of status to become a lawful permanent resident without leaving the country.
Step 3: Visa Interview and Final Steps
If your sibling is applying for an immigrant visa, they will need to attend an interview at the U.S. consulate. During the interview, a consular officer will review their application, documents, and verify their eligibility.
If everything is approved, your sibling will receive their immigrant visa and can travel to the U.S. Upon arrival, they will become a lawful permanent resident.
If your sibling is adjusting status within the U.S., the final step is approval from USCIS. They will receive their Green Card and become a lawful permanent resident of the U.S.
Common Reasons for Denial of Sibling Petitions and How to Avoid Them
The U.S. citizen filing for a brother or sister processing time can already take years due to visa backlogs and the complexities of family preference categories. With such a long wait, the last thing you want is to risk a denial that could delay the process even further.
Common mistakes, like incomplete forms or missing proof of relationship, can lead to unnecessary setbacks. To ensure your petition moves smoothly, it’s essential to follow the steps carefully and avoid these common pitfalls.
Here’s a quick look at some common reasons for denial of sibling petitions and how to avoid them:
Reason for Denial | How to Avoid It |
Incomplete or Incorrect Forms | Ensure the Form I-130 is filled out completely and accurately. Double-check all fields before submitting. |
Insufficient Proof of Relationship | Provide clear documentation to prove the sibling relationship, such as birth certificates or family records. Ensure these documents are legible and official. |
Failure to Meet Age Requirements | Remember that as a U.S. citizen, you must be at least 21 to file for a sibling. |
Errors in Citizenship or Status Proof | Submit valid proof of U.S. citizenship, such as a birth certificate, passport, or naturalization certificate. Make sure all documents are valid and up-to-date. |
Failure to Follow Visa Bulletin | Keep track of the visa bulletin to ensure your sibling’s priority date is current. If their visa number isn’t available, the petition might be delayed or denied. |
Misunderstanding of Immigrant Visa Process | If your sibling is outside the U.S., ensure they complete the visa interview process at the consulate. If they are in the U.S., apply for adjustment of status correctly. |
Avoiding these common pitfalls can significantly improve your chances of a successful petition. If you’re unsure about any part of the process, consult with an immigration attorney at Manifest Law, who can help ensure everything is in order.
How Manifest Law Can Help
With the lengthy wait times involved, it’s crucial to get it right the first time. At Manifest Law, we can help you navigate the complexities of the U.S. citizen filing for a brother or sister processing time and guide you through each stage, ensuring that your application remains on track. Don’t risk delays—book a free consultation with Manifest Law today.
Frequently Asked Questions
How long does it take to file for a brother or sister?
The process of filing for a sibling can be lengthy. After submitting the I-130 petition (the first step), it can take several months to over a year for USCIS to process your application.
However, once approved, the real wait starts. Since siblings fall under the F4 family preference category, the wait time to get a visa can stretch anywhere from 10 to 14 years, depending on the country your sibling is from.
What is the fastest way to bring my brother or sister to the USA?
While filing for a sibling is the primary route, the reality is there isn’t a quick way to speed up the process for siblings. The fastest processing times are for categories like spouses or parents of U.S. citizens, which often have shorter wait times. But for siblings, the I-130 processing time for siblings will be significantly longer. The only way to move the process along more quickly is by ensuring all paperwork is correctly filed, avoiding delays that could extend the waiting period.
Can a U.S. citizen petition a brother or sister?
Yes, as a U.S. citizen, you can petition for your brother or sister to immigrate to the U.S. However, you must be at least 21 years old and prove your citizenship status with documents like a passport or birth certificate.
What is the wait time for a sibling petition?
The wait time for a sibling petition is lengthy, with the total process taking anywhere from 10 to over 20 years.
The main reason for this long wait is the visa backlog in the F4 family preference category. Your sibling’s country of origin also impacts the wait time—countries like Mexico and the Philippines often face longer delays due to high demand for family-based visas.
After the I-130 is approved, the visa number must become available before your sibling can move forward in the process.
How much does it cost to bring siblings to the USA?
The I-130 filing fee is currently $535. After that, if your sibling is applying for an immigrant visa, they will need to pay visa fees and medical examination costs. Overall, the total cost could range from $1,200 to $1,500 or more, depending on specific circumstances and extra document processing costs.
Can I expedite I-130 for siblings?
Unfortunately, there is no way to expedite the I-130 processing time for siblings. While USCIS does offer expedited processing in some emergency situations, sibling petitions generally don’t qualify for this. The best way to avoid delays is to make sure your petition is complete and accurate from the start, to avoid unnecessary holdups.