Under the U.S. immigration laws, as a citizen above 21 years, you can file a petition for permanent resident status for your half-sibling and step-sibling. You should submit a Form I-130 alongside your proof of United States Citizenship and valid passport. Additionally, you should present evidence that you have one father but different mothers. Carefully meeting the relevant paperwork requirements is essential since any mistake can result in the denial of the petition. An excellent legal team can explain the requirements for the green card and guide you throughout the petitioning process, ensuring you avoid costly mistakes.
Can You Sponsor Your Half-Sibling or Step-Sibling for a Green Card?
A foreign national can acquire a green card on a petition by their sibling, a United States citizen. Your sibling can be any person with whom you share one parent, extending the definition to step-siblings and half-siblings. A citizen at least 21 years can bring their siblings, and they will fall within the 4th preference category of family visa.
However, the situation is more complicated for foreign nationals who are half-siblings or step-siblings. The burden of proof is higher for paternal half-siblings (the siblings have a common father but different mothers). To sponsor your paternal half-sibling for a green card, you must establish that:
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Your father was married to your mother,
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The marriage has lawfully ended, and
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Your father has legally married your foreign national step-sibling’s mother.
If your half-sibling’s mother was previously married, you must prove that her previous marriage ended before entering her current marriage.
When it comes to sponsoring your step-sibling for a green card, both you and your sibling, at one time, must have the definition of a “child” of a common parent. It does not matter where you lived in different locations or not.
Filing Form I-130
To initiate your immigration sponsorship process, you should bring a petition on Form I-130 to the U.S. Citizenship and Immigration Services. You can obtain the form free of charge through the USCIS official website.
Below are filling out instructions and guidelines:
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Print or type readably in black ink
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If you require additional space to provide more information within the application, take advantage of the space offered in Additional Information (Part 9). Alternatively, attach a different sheet of paper, print or type your name at all sheets’ top, indicate the item number, page number to which the answer refers, and part number, and then date and sign all sheets.
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Answer the questions accurately and thoroughly. If any questions do not apply to you, print or type “N/A.” If the answer to your question is none or zero, print or type “None.”
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Enter the dates in mm/dd/yyyy format. If the petitioner cannot give an exact date and offer an estimated date in the same format. Remember to include the explanation in Additional Information (Part 9).
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If the petitioner has previously brought an application, request, or petition via the U.S. Citizenship and Immigration Services online filing system, provide the U.S. Citizenship and Immigration Services Online Account Number the system issued them. They can find the USCIS Online Account Number by logging in to their account and proceeding to their profile page.
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Provide your biographical details asked in Item Number 1.-6. Offering the details can reduce the duration spent during the appointment. Here is the information to provide:
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Race and ethnicity
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Height in inches and feet
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Weight submitted in pounds
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Eye color
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Hair color
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If the USCIS or Customs and Border Protection (CBP) issued your loved one an Arrival-Departure Record (Form I-94), provide the form number and the date that their legal period of stay expired or expires.
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Petitioner’s statement, declaration, signature, and contact information (Part 6) — The petitioner should check the appropriate box indicating whether they read their petition themself or an interpreter assisted them. Finally, they should date, sign the petition, and give their email address and telephone number. All petitions should have the petitioner’s signature. Please note that typewritten or stamped names instead of signatures are not acceptable.
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Interpreter’s signature, certification, and contact information (Part 7) — If the petitioner used an interpreter to understand their petition’s questions and instructions in a language they are fluent in, their interpreter should fill out the section and offer their name, their business name, phone number, and email address. The interpreter should date and sign your petition.
Form I-130 Filing Fee
The filing fee is $535. It is worth noting that this amount is non-refundable and cannot be waived.
Your money order or check should be drawn from a financial institution situated in the U.S. and should be paid in USD. The money order or check should be payable to the U.S. Department of Homeland Security. Ensure you spell out the U.S. Department of Homeland Security and avoid using initials.
After the USCIS Approves Your Petition
Once the USCIS reviews and approves your Form I-130, your half-sibling will obtain their priority date depending on when the immigration agency received the application.
You should also begin monitoring the progress of priority dates in the 4th preference category. When the dates shown on the family-based visa chart for the fourth preference category begin getting closer to your loved one’s date, begin searching for letters from the National Visa Center.
If you see priority dates on the chart after those of the loved one, contact the NVC. Probably you did not inform the USCIS of your changed address, or the USCIS sent the letters to the wrong address.
If your relative is in America on a valid visa when their priority date becomes current, they should adjust their status. However, that does not imply it is wise for your loved one to acquire a tourist visa to enter the U.S. before their current priority date, hoping to adjust their status. It is an abuse of their visa and could result in green card denial.
Your half-brother or half-sister will conduct consular processing by contact and attending their visa interview at a United States Consulate in their home county. If fortunate, the USCIS will issue your step-sibling an immigrant visa. Upon entering America, they will obtain a green card and become a permanent resident within a couple of weeks.
How Long Does It Take Before the USCIS Approves Your Petition?
Step-siblings and half-siblings have a low-level priority in immigration than other family members. As a result, their average wait to obtain a green card can be a decade. And if their home county has a high immigration rate, they might wait for about two decades. The waiting period makes most United States citizens reevaluate whether it is worth filing the petition.
Wait times are unfixed and can be shorter with time should the immigration rate from their home county lowers and USCIS catches up with the review backlog. In contrast, there is a possibility that the 4th preference visa category will not survive longer. Therefore, filing your petition sooner than later can preserve your half-sibling’s right if Congress eliminates the category.
While your loved one waits to obtain a green card, they should remain in their county.
Financial Support to Your Immigrating Half-sibling
If you satisfy the requirements and wish to bring your half-sibling to America, you should prove that your household income exceeds 125% of the U.S. poverty level. It shows that you can financially support yourself, your family, and your siblings. It ensures your loved one does not become a public charge.
You should fill out an Affidavit of Support on Form I-864 (a contract with the government). Should the immigrant claim government help, the government will come to you to reimburse the amount.
What To Do If Your Petition is Denied
There are numerous reasons why the USCIS can fail to approve your petition. Irrespective of the reason, the agency will first notify you of the issue before sending a denial notice (request for evidence on Form I-797). It allows you to avoid denial by providing follow-up documentation.
Here are the common reasons for denial:
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You did not offer adequate details for the agency to make a decision
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You did not provide sufficient evidence of your family relationship
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You did not pay the appropriate filing fees
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The USCIS made a mistake
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You did not provide adequate evidence of your United States permanent resident or citizen’s status.
If the USCIS denies your petition, you can file an appeal. In submitting your appeal, the Attorney brings a Notice of Appeal to the USCIS Field Office, issuing the decision within thirty days. You should file your appeal brief and all supporting documents within thirty days of bringing your Notice of Appeal. If the Field Office determines that your appeal does not meet the denial’s grounds, it will prepare a Record of Proceeding that includes your appeal, supporting documents, and evidence.
The Field Office forwards the ROP to the USCIS’s attorney, who reviews your ROP and drafts an argument for the government. Then the attorney forwards it to the Board of Immigration Appeals for analysis. Typically, the BIA takes six months before issuing its decision.
It is worth noting that sometimes filing a new petition instead of bringing an appeal is the most effective option. A denial does not stop you from sponsoring the same half-sibling for a green card. A knowledgeable immigration lawyer can assist you in determining the most suitable option for your case.
Checking the Status of Your Petition
It will take a couple of months to hear from the USCIS after filing your Form I-130. Do not panic. There are several ways of checking the petitioner's status.
Be Prepared to Offer Identifying Information like Receipt Number
After submitting an application or petition to USCIS, the agency will send you a receipt within a couple of months. Look at the receipt notice for the 13-digit receipt number. The receipt number begins with three (3) letters to know the agency handling your application like WAC, SRC, LIN, or EAC. The number comes in handy when tracing the case.
If you fail to receive the number after many weeks, you can follow up the case by making an online request or contacting the USCIS Contact Center. The USCIS can resolve the matter over the telephone when you make a call, probably not during your initial call. Alternatively, the USCIS will schedule an appointment for you to visit the office.
During your appointment, remember to bring your personal identification, copy of the petition, and other relevant documents. Carry the receipt if you sent your application through a certified mail or courier service.
Checking the Immigration Status Online
To obtain your basic details about your immigration application’s status online, visit the USCIS Case Status Online page and enter the receipt number. Also, ensure you sign up for case updates from the immigration agency by creating your account.
You can check the Check Case Processing Times page on the USCIS official website to check the duration taken by different services to process various applications.
If you learn that the case takes longer than others or do not have access to a computer, you can call the USCIS at 1-800-375-5283.
If you sent your case to the USCIS lockbox, email the lockbox using any address provided on the “Contact Us” page.
Ensure you keep emails and communication with the government polite and include essential facts like your name, your half-sibling’s name, petition filing date, and whether the USCIS has cashed the filing fee check.
Why Retain a Skilled Immigration Lawyer?
The advantages of retaining a skilled immigration attorney instead of relying on online immigration services or immigration consultants include the following:
The Lawyer Will Guide You on Which Documents and Forms to Submit
Your immigration counsel is not supposed to fill out your application for the immigration benefits. Any person can complete the petition, which is available on the USCIS website free of charge alongside the instructions and guidelines.
However, knowing which paperwork to provide is not always straightforward by conducting your research or reading the instructions. The government agencies are not your legal counsels and are banned from providing legal advice about the immigration case. Only a skilled immigration attorney who understands the qualification requirements can guide you throughout the case.
While the questions from the immigration officer and on Form I-130 can seem simple, they typically relate to legal matters that can lead to your petition’s denial. Online immigration processors and immigration consultants will not advise you on how best to answer your question or verify the answers. Instead, they will duplicate and type out the responses to your questions. On the other hand, your immigration lawyer will guide you on the implications of the answers and the consequences of submitting or not submitting specific documents.
The Lawyer Will Provide Your Comprehensive Counseling Throughout the Case
From your initial consultation and throughout the case, your lawyer can identify your priorities and identify issues to assist you in realizing your objectives. They can identify several options and describe the benefits and disadvantages of pursuing every path.
Your lawyer will prepare your half-sibling or step-sibling for interviews before the USCIS and the United States Consulate by discussing what to expect. While they will not coach you on what to say, they will guide you on how to best present information.
The attorney can also appear with you at interviews to help present information, ask clarifying questions, and protect your rights.
Frequently Asked Questions
Below is a list of commonly asked questions on immigration matters. Please remember that immigration issues are complicated and require qualified legal advice despite the comprehensive details discussed below.
What Documents Should a Petitioner Submit to Prove that They Are a United States Citizen?
They should provide the following documents:
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A copy of the birth certificate that a vital statistics office or civil registrar issued proving they were born in the U.S.
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A copy of the certificate of citizenship or naturalization certificate issued by the USCIS
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A copy of the unexpired United States passport
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An original statement from the United States consular officer demonstrating that they are a citizen with a passport
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A copy of Consular Report of Birth Abroad, Form FS-240, issued by the United States Consulate or the United States Embassy
What Happens If Either the U.S. citizen or Your Half-Sibling or Their Step-Sibling Has Changed their Name?
In this case, you should file your Form I-130 alongside copies of legal documents showing the name changes like a court order or marriage certificate.
What Should You Do If You Do Not Have Your Official Documents?
You should provide a statement from a civil agency certifying that your documents are unavailable. Additionally, you should submit pieces of secondary proof, including religious records, school records, or census records.
Find a Qualified Los Angeles Immigration Lawyer Near Me
Home is where your family is, and obtaining a green card for your half-sibling or step-sibling gives them the right to become permanent residents in the U.S. However, there are numerous requirements to meet before being granted the privilege, and every requirement comes with extensive paperwork. Minor clerical mistakes on your petition, omitted information, or inaccurate documentation can result in delays or petition denial. Working with an immigration lawyer increases the chances of the USCIS approving the application the first time. At California Immigration Attorney, we can go through all steps of the petition with you, ensuring you submit the required documentation, meet deadlines, and provide the required information. Please contact us at 424-789-8809 to schedule your initial free consultation and learn how we can help you.