Green Card for Siblings | Siblings Green Card Attorney | GA

Getting a Green Card for your Siblings

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Siblings Green Card Attorney in Georgia

Are you a U.S. citizen who wants to reunite with your foreign national sibling? Luckily for you, you can petition a green card for your siblings. Family immigration is one of the essential pillars of the U.S. immigration system that aims to reunite families.

At the Law Office of Jeffrey B. Kelly, we have helped immigrants be together with their families in the United States by guiding them in obtaining green cards. We have handled complex cases such as those having grounds for inadmissibility. Whatever your immigration concern, our experienced lawyers are equipped with the necessary knowledge of immigration law and skill-set to help you.

Why do I need a Siblings Green Card Attorney?

The burden in the application process is determining what documents you should provide. It is important to note that requirements may differ depending on what kind of relationship you have with your sister or brother. If you are unsure of the requirements that you need to submit, don't worry because our experienced Georgia attorneys have your back. 

We offer various legal services, including preparing immigration appeals, legal advice on which immigration path is best for you, and legal representation if you face removal (deportation) proceedings.

Our law office also provides different legal services to some practice areas within and outside immigration, such as:

Green Card for Siblings

siblings green card attorney Among the various benefits that immigration offers is the ability of a U.S. citizen to petition for their siblings along with their spouse and unmarried children under the age of 21. For one to be able to petition for their siblings, they must be at least 21 years old.

In addition, unlike a U.S. citizen's spouse, minor child, and parents, siblings will not be considered immediate relatives. Instead, they will be under the family preference category.

Provided below are the family preference visa categories.

  • 1st preference: If they are an unmarried child (whose age is 21 years or older) of a U.S. citizen;
  • 2nd preference (F2A): For a lawful permanent resident's spouse and children (must be unmarried and below 21 years old);
  • 2nd preference (F2B): if they are a unmarried child (whose age is 21 years or older) of lawful permanent resident;
  • 3rd preference: For married sons and daughters of U.S. citizens;
  • 4th preference: For brothers and sisters of U.S. citizens.

What is the difference between Family Preference vs. an Immediate Relative?

The difference is that they will have to wait a little longer in line. Unlike immediate relatives, those under the family preference categories are subject to a yearly cap on the issuance of immigrant visas, which limits the slot. 

If you think that your siblings can't wait that long, consult with our siblings' green card attorney to know what other immigration options they can take.

Can a Lawful Permanent Resident Petition for their Siblings? 

Unfortunately, green card holders cannot petition for a green card for their siblings. The most logical step here is to apply for U.S. citizenship if you wish to take advantage of the immigration benefit of petitioning for a green card for your siblings.

Financial Support for Immigrating Siblings

The cost of living in the United States is not that cheap. The U.S. government wants to know that if they grant your siblings a green card, they will not become a public charge or mainly rely on the government for subsistence. 

Hence, you must show that you can financially support your family and sibling. Consequently, your household income should surpass 125 percent of the Federal Poverty Guidelines. 

As the petitioner, you must provide an Affidavit of Support, which can be completed on Form I-864. This affidavit is regarded as a contract between you and the government, in which you commit to assist your immigrant siblings with your own money. 

Moreover, if your siblings get government assistance, the agency that assisted them may ask you for reimbursement.

Who is Considered my Sibling?

As we all know, there are several conditions in which we may refer to someone as our sibling. But for immigration reasons, it is narrowed down to the following:

  • Legitimate Siblings: These are brothers and sisters who share the same birth parents. That refers to the children your parents gave birth to while married. 
  • Half-siblings: You can call someone your half-sibling if you have either the same mother or father (but not both parents).
  • Stepsiblings: The children of the person your biological parent (mother or father) is married are your stepsister or stepbrother. It is important to note that for your stepsiblings to receive a green card, your mother or father and stepparent must be married before you reach the age of 18.
  • Adopted siblings: When your parents legally adopt a child, that person will be considered your adopted sibling.

Remember that it is vital to identify your sibling “category” since this will help you determine the requirements that you'll submit.

What requirements do my Sibling and I need to gather?

The application process may become complex since the USCIS will require you to prove your relationship with the beneficiary. It is simpler if you and your siblings have the same parent. In such a case, the main requirement is a birth certificate. 

On the other hand, it becomes more complicated if you have an adopted sibling or are related only through your father. 

Let's list what requirements you should (as the petitioner) provide depending on your sibling classification.

For petitioners,

  • Form I-130 (Petition for Alien Relative)
  • A copy of your birth certificate as well as a copy of your sibling's birth certificate. Both must show that you share at least one parent.
  • Any documentation proving your U.S. citizenship. You may present a copy of your U.S. birth certificate, U.S. passport, naturalization certificate, and so on.

For beneficiaries, 

If related to both parents or half-siblings, you must also submit the following:

  • A copy of your birth certificate and your sibling's birth certificate showing that you have the same parents or at least one common parent.

If related through adoption, the following must also be submitted:

  • A copy of your sibling's adoption decree(s). It must demonstrate that the adoption occurred before you or your adopted sibling turned 16.

If related through step-relationship, submit the following as well:

  • A copy of the marriage certificate between your mother or father and your stepparent.
  • Documentation proving that the parents lawfully ended any and all of their previous marriages. You may provide documentation such as a death certificate, divorce decree, annulment decree, and so on.

If you are related to your father but have different mothers, the following must also be submitted:

  • A copy of the father's marriage certificate to each mother
  • Documentation proving that any previous marriages were legally ended.

Please remember that if your name or siblings’ name has changed, you must submit any documentation proving such changes.

If this seems overwhelming, consider seeking the assistance of a Georgia siblings green card attorney who can advise you on which documents are appropriate and how to file them.

Can I appeal if my Petition was denied?

To appeal for your application, you must first review the denial letter, whether it indicates that you can do so. It will also tell you how to appeal the decision and when you must file the appeal. In general, your appeal will be referred to the Board of Immigration Appeals.

If this happens to you, don't jeopardize your chances of getting a favorable decision for your appeal. Get help from a Georgia family immigration lawyer to help you draft your request.

Call our Georgia Siblings' Green Card Attorney Now!

At our law firm, we give nothing but the best to every client that asks for our help. Our experienced immigration lawyers have walked our clients through the immigration process more times than you can count.

We can help you with any immigration matter, whether obtaining a nonimmigrant or immigrant visa. Contact the Law Office of Jeffrey B. Kelly now. Kelly can help!

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