Immigrant Visa Petition for a Sibling of a United State Citizen.
Only a United State Citizen who is 21 years of age or older may file a petition for a brother or sister for immigration classification. It must be established that the petitioner and beneficiary are or once were children of a common parent.
The sibling relationship can be established through birth, through adoption, or through a marriage creating a step relationship. As in the case of a stepparent-stepchild relationship, the marriage which created the step-sibling relationship must continue to exist. A step sibling relationship is normally dissolved should the marriage of the parent and stepparent end in divorce or annulment.
Two separate relationships must be established to show eligibility:
- The relationship between the petitioner and his/her parent, and
- The relationship between the beneficiary and that same parent.
The documentation required to establish a sibling relationship varies and depends entirely on the parental combination through which the relationship occurs.
An adopted child may not confer immigration benefits upon his or her natural sibling, because their common natural parent no longer has the status of parent of the adopted child for immigration purposes.
Siblings of a United state Citizen falls into the fourth family Preference catergory or classification and has a long waiting period for visa numbers.
Upon approval of the Immigrant Visa Petition, adjustment of status to that of a Lawful Permanent resident may be pursued either in the U.S through the green card process or outside the U.S through an Immigrant visa application at the foreign Embassy if the priority date is current.