If you have a sibling living in the US, you may be wondering whether they could help you join them in the US. In this article we will discuss the process your sibling would do in order to file for a Green Card for you. We will discuss if you are eligible and the issues with this process. We will also discuss alternatives to the Green Card which will allow you to enter the US sooner.
Can my sibling get me a Green Card?
If your sibling is a US citizen, the short answer is yes. If your sibling is living in the US, they could make that application for you. The issue with the Green Card application is that the processing times are very long. Unlike Green Card applications made by a spouse, a Green Card application made by a sibling is subject to long waiting times.
The application that your sibling would make is under the form I-130 which is for family based immigration. They will need to provide biographical information about themselves and about you. The application will be filed at USCIS.
Visa availability
The visa availability for a Green Card application through a sibling is the longest time for an application. The application gets filed with USCIS and then you wait in line according to the day of receipt of your application. Currently you need to wait about 15 years in line for your case to become current i.e. to be the next in line. The wait times are updated monthly on the visa bulletin (https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html).
Once you are the next in line, you need to then go through the Green Card process which takes on average 1.5-2 years. This means in total, the process is around 17 years long.
Issues with the long process
At the end of the process, you would need to relocate to the US when you become a Legal Permanent Resident. As a Green Card holder, you must have the center of your life in the US. This would mean things like spending most of your time in the US, being employed in the US, having Since its so many years later, you may not want to relocate to the US at the end of the process. The process will then be a waste of time and money.
Additionally, the processing times are updated monthly. That means that currently the processing times are about 15 years for the case to become current. This number can be changing monthly which makes it hard to plan. It could end up taking 10 years or 20 years or the 15 years you expected. Since you need to move at the end of the process, it makes it hard to plan since the processing times are changing all the time.
Alternatives to Green Card process
Although many see their eligibility to become a Green Card holder as hitting the jackpot, the reality is that a Green Card application filed by a sibling is a long drawn up process which will mostly likely take close to two decades to finish.
At Decker, Pex, Levi, Rosenberg, & Co, we work with you to find an alternative route so that you can achieve your goal to relocate to the US. You may be eligible for a work visa or for a Green Card application through your employer. You may want to set up a business in the US and therefore be eligible for the E-2 investor visa.
In our meetings, we discuss your professional background as well as that of your spouse to see what could be the correct path for you moving forward. We will also check if you may be eligible for immigration for a different relative such as through your child, parent or spouse.
Our office has years of knowledge in the field of US immigration. We can handle for you all different types of cases from tourist visas to work visas to citizenship applications. Give us a call for a consultation on 03-372-4722.
