Naturalization Help From Immigration Attorneys

Points To Consider When Petitioning For Your Brothers And Sisters To Live In The United States

13 January 2017

Salvador Bradley

You may have been considering, or your siblings may have requested, filing applications for your siblings to immigrate to the United States. This is a life changing decision for you, your siblings, and their families. 

There are things that both you and your siblings should consider before undertaking the long process of immigration to the U.S. for siblings of a permanent resident or United States citizen.

Political influence on the immigration process

The election of 2016 has brought new attention to the immigration process and the threat of tighter restrictions on immigration. This follows years of a general conversation concerning limiting family based visas to focus on employment based visas.

This idea stems from the problem of the many high tech jobs that remain unfilled because of the lack of qualified applicants in the U.S. and the limited number of available work visas. It is also fed by the increased competition for lower skilled jobs that new immigrants with language difficulties or limited training will need upon arriving in the U.S.

While this will likely not affect family unity visas for immediate relatives for the children and parents of U.S. citizens or permanent residents, it may curtail the number of visas available to siblings and their families in the future.

The immigration process for siblings of U.S. citizens and permanent residents

The main issue about the process to consider is the time it takes for a sibling visa to be issues. It may be approved in a few months, but it will take over a decade for the visa to actually be issued because of supply and demand.

Many things can change in that length of time. If the children of your siblings turn 21 years old before the visa is issued, they must remain behind in their home country. Although their parents can petition for them when they receive their legal status in the U.S., it can take several years for an adult child over 21 to receive their visa.

Financial considerations 

The immigration process itself will cost thousands of dollars in fees by the time the visas are received. This doesn't include translation services for non-English documents, notary fees, and international postage for documents needed along the duration of the process.

The Affidavit of Support

When you file a petition for a sibling and their family to live in the United States, you must file form I-864, the Affidavit of Support, for the family. This is a legal obligation to provide financial support for the family for the ten years until their green card must be renewed or five years if the sibling becomes a U.S. citizen (there is a five year wait for a permanent resident to become a U.S. citizen).

If the sibling cannot fully support themselves, you must support them. If they receive any government benefits, you may repay them in full. Failure to support the family can result in court judgments, seizures of assets, and possible loss of your home.

You may wish to consult with a family immigration attorney, who will be aware of the latest changes in immigration laws and can advise you on how to avoid potential pitfalls.

Everyone wants to help their families and bring the family together. Just be sure to use your head as well as your heart. Contact a professional like Neal Richardson Datta Attorney At Law, P.C. to learn more.

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