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Green Card Processing Time for Siblings

The processing times for a sibling’s green card might be a total mystery for those attempting to help their siblings immigrate to the United States. A knowledgeable immigration lawyer can clarify the US residency process for siblings. They can also provide accurate information about the current processing times for USCIS to adjudicate these petitions (processing times tend to change), as well as the time associated with the Department of State’s Visa Bulletin, which will determine when your sibling will be able to have their Residency / Green Card.

If you are applying for a green card for a sibling, our immigration lawyers can help you navigate the complex USCIS process of getting US legal permanent residency for your sibling. Contact FitzGerald Law Company at (617) 303-2600 to get started on your sibling’s case today.

What is the Green Card Processing Time for Siblings?

Unfortunately, the time frame for a sibling of a U.S. citizen to obtain Legal Permanent Resident status is very long, and currently ranges between 16-24 years.. The long wait times are due to the limited number of Immigrant Visas (Visas for Residency/Green Card) that are available each year for the brothers and sisters of U.S. citizens under Category F-4, and the large number of people who are currently in the wait line as beneficiaries under this residency category.

The first step in the process for a U.S. citizen to apply for resident status for a sibling, is to submit a Form I-130 (petition for family member) to USCIS. ,USCIS will assign a priority date to the I-130 petition under the Immigrant Visa Category F-4. In addition to the sibling, this petition may include the sibling’s spouse and any children, who are un-married and under 21 years of age.

There is an annual cap of 65,000 immigrant visas or green cards that can be issued to siblings and their families each year, and because there are so many more than 65,000 beneficiaries in I-130 applications each year, there is a backlog and that backlog has created the 16-24 year wait time.. It is critical to apply for siblings as soon as possible because the time-frame is only getting longer with each passing year.

USCIS generally takes 5 years or more to adjudicate the I-130 Petition, but this that has no significant impact as to when the sibling will receive their green card, because that is determined by the priority date (the date the I-130 was filed), and where in the line this priority date is. The Visa Bulletin, which is published each month by the Department of State, shows for what priority dates (month and year) the Department is issuing visas in that specific month. You may check the Visa Bulletin here.

Why does it take longer for Siblings from certain countries to obtain Residency?

The U.S. government has determined that no country can have more than 7% of the Immigrant Visas (Green Cards) in any particular Residency Category. Certain countries have so many applications that they generally exceed their 7% annual immigration limit, which leads to application backlogs.

If your siblings are from a country where the number of applications for residency is high, this quota could affect the wait time required for your siblings to obtain their Green Cards. This is why applicants from countries like India, China, Mexico and the Philippines that have a very high number of petitions filed every year, have to wait much longer to obtain U.S. Legal Permanent Residency through their siblings. Our immigration lawyers can explain USCIS’s sibling classification and help estimate the potential wait time for your siblings.

Who Does USCIS Consider a “Sibling” for Purposes of Green Card Processing

Under the U.S. Immigration law, a sibling is a brother or sister with whom you share both parents or with whom you share one parent. The law also permits a sibling to apply for a brother or sister that are related through adoption, as long as the adoption occurred before the child was 16 years old. Finally, the law allows for a petition to be based upon a step-sibling relationship if the marriage that created the relationship occurred before the children were 18 years old.

How Do I Begin My Sibling’s Green Card Process?

First, you will need to file a Form I-130, known as a Petition for an Alien Relative, with USCIS. The “Priority Date” for the application will be the date that the I-130 is received by USCIS. The application will generally be adjudicated within 5 years and if it is granted then a Notice of Approval will be issued.

The case will generally be transferred to the National Visa Center, which is an office within the Department of State, unless it appears that the sibling is in the U.S. and eligible for a green card. Once the “Priority Date” becomes “current” a notice will be sent to the US Citizen Petitioner and the sibling, who is the Principal Beneficiary.  An I-864 Affidavit of Support must be filed by the Petitioner and a DS-260 must be filed by the Beneficiary.  The case will be sent to the U.S. Consulate for an Interview, and if approved the Sibling will be issued a document to travel to the U.S. as a Legal Permanent Resident.

Can I Expedite My Sibling’s Green Card Processing Time?

Unfortunately, it is generally not possible to to speed up your sibling’s green card application process. One of the best things you can do for your sibling is to file all the required forms and supporting evidence correctly and promptly to prevent unnecessary delays.

USCIS does accept request for applications to be expedited under very specific circumstances, under very specific circumstances and at their discretion, however, these are very difficult to meet and USCIS does not have jurisdiction over the National Visa Center, the U.S. Consulate or the Priority Date in the Visa Bulletin, on which the second part of the process depends, so even in the unlikely scenario that the USCIS expedited the case, there would still be a wait time in the latter part of the process.

Our Immigration Lawyers Can Help

If you are currently helping a sibling immigrate to the U.S., the immigration lawyers at FitzGerald Law Company are here to provide you with a consultation or to assist you with preparing and filing your I-130 Petition for a sibling. Call us today at (617) 303-2600.