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Family immigration is one of the most common ways people come to the United States. But not every type of family relationship is treated the same under the law. If you are a U.S. citizen or permanent resident and want to bring parents or siblings to live here, the options and waiting times vary. Below, we break down what the law allows and what you should know before starting the process.
Bringing Parents to the U.S.
Only U.S. citizens, not permanent residents (green card holders), can petition for their parents. This category is considered an “immediate relative” under immigration law, which makes the process somewhat faster compared to other family-based visas.
- Eligibility: You must be at least 21 years old and a U.S. citizen.
- Visa Availability: There is no annual cap on parent visas, so once the petition is approved, your parents do not have to wait for a visa number to become available.
- Steps in the Process:
- File Form I-130, Petition for Alien Relative
- If your parent is already in the U.S., file Form I-485, Application to Adjust Status
- If your parent is outside the U.S., they will go through consular processing at a U.S. embassy or consulate
Parents can also bring unmarried minor children with them if those children are eligible for derivative visas. This detail is often overlooked, but it can make a big difference for families hoping to keep everyone together.
Petitioning for Siblings
Sponsoring siblings is possible, but the process is very different from parent visas. It is often one of the longest family-based immigration categories.
- Eligibility: Only U.S. citizens who are at least 21 years old may petition for their brothers or sisters. Permanent residents cannot file for siblings.
- Visa Category: This falls under the family preference system (F4 category). Unlike immediate relatives, sibling visas are subject to annual limits.
- Wait Times: Because of the annual cap and high demand, the wait time for a sibling visa can be decades for applicants from certain countries, such as Mexico, India, and the Philippines.
- Process:
- File Form I-130 for your sibling
- Once a visa number becomes available (sometimes many years later), your sibling can complete either consular processing or adjustment of status if eligible
Siblings may bring their spouse and minor children as derivatives, which can help families immigrate together once the priority date becomes current.
The Role of Priority Dates and Visa Bulletins
For siblings, the timing depends heavily on the priority date, which is the date USCIS receives the I-130 petition. The Department of State publishes a monthly Visa Bulletin showing which priority dates are eligible for processing. Following this bulletin is key to knowing when your sibling’s case can move forward.
Parents, as immediate relatives, do not rely on the Visa Bulletin, which is why their cases generally move more quickly.
Financial Sponsorship Requirements
In both parent and sibling cases, the U.S. citizen petitioner must agree to financially support the relative. This is done through an Affidavit of Support (Form I-864). The goal is to show that the relative will not become dependent on public benefits. Petitioners must meet certain income levels, which vary depending on household size.
Challenges Families Should Prepare For
While the law allows parents and siblings to immigrate, families often face challenges along the way:
- Delays or Requests for Evidence (RFEs) if paperwork is incomplete or inconsistent
- Lengthy waiting periods for siblings due to visa limits
- Proof of relationship requirements, such as birth certificates, which may be difficult to obtain in some countries
Careful preparation at the beginning helps avoid unnecessary setbacks.
Why Legal Guidance Matters
Applying to bring a parent or sibling to the U.S. involves strict requirements and paperwork. At Rahimi Law Firm, P.C., we work with families across New York to make the process as smooth as possible. Whether you are filing for your parent or considering a sibling petition, we can explain what to expect, help you prepare the strongest application, and keep your case on track.
Taking the Next Step Toward Reuniting Your Family
U.S. immigration law makes it possible to reunite with parents and siblings, but the process is not the same for both. Parents of U.S. citizens are treated as immediate relatives, with visas available right away. Siblings face long wait times because of annual visa limits. If you are considering filing a petition, Rahimi Law Firm, P.C. is here to guide you through every stage.