Can I Sponsor My Brother for a Green Card?

Introduction

If you’re a U.S. citizen and have a brother in another country, you might wonder if you can help him live in the United States permanently. This article explains how you can do that by applying for a green card for him. The process, known as the family-based fourth preference immigrant visa category (F4), is a legal way for your brother to move to the U.S. and potentially become a citizen. However, this process isn’t quick or easy. It can take more than ten years because there are many people applying and only a few visas available each year.

This guide is here to help you understand every step of the process. We’ll answer common questions and offer advice on how to make this long journey a bit smoother. We’ll cover everything from the basic requirements to what to do if you run into problems. This article is a useful tool for U.S. citizens who want to bring their brothers and their families to the United States and will answer the following questions and more:

1. Can I sponsor my brother to USA if I have a green card?
2. What are ways to get a green card for brother?
3. Can I sponsor my half brother to USA?
4. Can I sponsor my brother in law for a green card?
5. If my brother is an American citizen can I become one?
6. When can green card holder sponsor brother?
7. Can I get a green card if my brother is a US citizen?
8. How can I get a green card through my brother?

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Overview

US immigration law allows a US citizen to apply for a green card for her or his foreign national brother. If you are the brother of a US citizen, you may obtain a green card to permanently reside in the United States, and eventually become a US citizen yourself. 

The F4 family-based fourth preference immigrant visa category allows the brother of a US citizen to obtain a green card. In addition to the green card application for brother, immediate family members such as your brother’s spouse and children under the age of 21 may also obtain a green card. The green card for brother process can be a long process because of the limited allocation of immigrant visas in the F4 category. Due to high volume of green card applications for brothers each year, there is currently an over 10-year backlog in the F4 category. This means that even if you file your green card for brother application today, your brother may not be able to obtain a green card for many years. So if you are wondering “Can I sponsor my brother for a green card”, the answer is yes, but it will be a long time before your brother obtains a green card through the petition you filed for him. 

If you are asking yourself “Can I file green card for my brother?”, this article will hopefully help you understand how you can obtain a green card for your brother under the family preference system. There are several requirements that you need to satisfy in order to file a green card application for your brother and his family. If you want to sponsor a green card for your brother but have an unusual case or are running into issues, please contact our experienced family-based immigration attorneys, who can help you navigate the many confusing requirements for obtaining a green card for your brother.

You can apply for a green card for your biological brother, half-brother (whether you share a common father or a common mother), step-brother (as long as your parents married before your and your brother’s 18th birthday), or adoptive brother (if you or your brother were adopted before you were 16). 

Frequently Asked Questions

Can I apply for a green card for my brother?

If you are a US citizen, you can sponsor a green card for your brother through the family-based fourth preference category (F4), which unfortunately is the most backlogged family-based immigration category. Because only a limited number of F4 category immigrant visas are issued each year, obtaining a green card for your brother will most likely take many years. So if you are wondering “Can I apply for a green card for my brother?”, the answer is yes, but it will take many years.

How can I get a green card through my brother? 

Many people ask themselves this question and here are some factors that would be required for eligibility: 

1. You can if your brother is a U.S. citizen over the age of 21, as he is then eligible to sponsor you under family-based immigration categories.
2. You can if you and your brother can provide documented proof of your sibling relationship, such as birth certificates showing your shared parent(s).
3. You can if there are available visa slots under the family preference category, acknowledging that sibling sponsorship often involves a lengthy waiting period due to annual visa caps.
4. You can if you are admissible to the United States, meaning you have no criminal history or immigration violations that would disqualify you.
5. You can if your brother can demonstrate sufficient financial stability to sponsor you, usually through an affidavit of support.
6. You can if you have a clean legal record, as any criminal history or previous immigration violations could impact your eligibility.
7. You can if you can pass the required medical examination and meet the health requirements set by U.S. immigration law.
8. You can if your brother files a petition (Form I-130) with U.S. Citizenship and Immigration Services (USCIS) and it gets approved.
9. You can if you are patient with the process, as obtaining a green card through sibling sponsorship is known for its extensive waiting times due to processing and visa availability.
10. You can if you maintain a legal status if you are already in the U.S., as any status violations might complicate or hinder your path to obtaining a green card.

Can I petition my half brother to USA?

If you are a US citizen the answer is yes, you likely can. Understanding the nuances of this process is crucial. It’s important to know that U.S. immigration laws treat half siblings similarly to full siblings. You’re looking at a process that, while lengthy, is indeed possible. The key point in answering this question lies in proving the familial relationship. Whether you share a mother or a father, documentation is essential. So, if you’re still wondering whether you can petition your half brother to USA rest assured that with the right documents and a bit of patience, this goal is achievable.

Here are some factors that would be required for eligibility if you wonder whether you can petition your half brother to USA:

1. Yes, if you are a U.S. citizen over the age of 21, as U.S. citizens have the privilege to petition for their siblings, including half brothers.
2. Yes, if you can provide documented proof of your familial relationship, such as birth certificates showing you share at least one parent.
3. Yes, if your half brother meets all standard eligibility criteria for receiving a U.S. green card, including being admissible to the United States.
4. Yes, if you can demonstrate the financial ability to support him, typically through an affidavit of support, ensuring he won’t become a public charge.
5. Yes, if there are available visa numbers in the family preference category, as there are annual limits and sometimes long waiting periods.
6. Yes, if your half brother passes a medical examination and meets all health-related criteria required by U.S. immigration law.
7. Yes, if he has a clean legal record, meaning he does not have any criminal history or immigration violations that might render him inadmissible.
8. Yes, if he is not currently living in the U.S. illegally, which can complicate or even prohibit the process of obtaining a green card.
9. Yes, if your petition as a sponsor is thorough and complete, including all necessary documentation and forms required by the U.S. Citizenship and Immigration Services (USCIS).
10. Yes, if your half brother is willing and able to go through the application process, which includes interviews and potentially long wait times due to visa backlogs.

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I have green card, can I apply for my brother?

US permanent residents cannot petition for a green card for their brother. Unfortunately, only a US citizen can sponsor a green card for her brother in the F4 category. If you are a lawful permanent resident, i.e. a green card holder, you cannot apply for a green card for your brother. However, you do have an option. If you have been a permanent resident for 5 years, you may be eligible to apply for naturalization. Once you become a naturalized US citizen, you can sponsor a green card for your brother. So the answer to the question “I have green card, can I apply for my brother?” unfortunately is no because only US citizens may petition for their brother in the F4 category. 

Can I file for a green card for my brother and his family?

If you are filing a green card application for your brother, the petition can also include your brother’s spouse and his unmarried children under the age of 21. This is one of the biggest benefits of the green card for brother process. Often our clients retain our family-based immigration lawyers to file a a green card for brother petition for the benefit of the brother’s young children. Although the wait times are long, the brother and his family may obtain a green card before his children enrol in high school or college at which point having a green card could be a huge benefit to them. 

When can a green card holder sponsor a brother? 

Many people are curious when can a green card holder sponsor a brother? The fast answer is they cannot because only US citizens can petition siblings. Here are some quick answers but keep in mind the petitioner must become a US citizen and also meet the below requirements:

1. When they become a U.S. citizen, as green card holders are not eligible to sponsor siblings for U.S. permanent residency.
2. When they have successfully undergone the naturalization process and obtained U.S. citizenship, which then allows them to petition for their brother.
3. When they meet the age requirement of being at least 21 years old, which is a prerequisite for any U.S. citizen to sponsor a sibling.
4. When they have ample financial resources or income to sign an affidavit of support, ensuring their brother will not become a public charge.
5. When they have maintained a good legal and immigration record, as any serious violations could affect their ability to sponsor.
6. When they can provide proof of their sibling relationship through documents like birth certificates or adoption papers.
7. When they are ready to navigate the lengthy and complex process of family-based immigration, which often involves long waiting periods.
8. When they understand and are prepared to adhere to the specific legal requirements and procedures set by U.S. Citizenship and Immigration Services (USCIS).
9. When they have ensured that their brother meets all the eligibility criteria for receiving a green card, including admissibility to the United States.
10. When they are informed and possibly assisted by an immigration attorney, to ensure that the sponsorship process is handled correctly and efficiently.

Can I sponsor my brother for a green card if he is my half-brother?

You can apply for a green card for your brother even if he is your half-brother. If you are related through your mother, both of your birth certificates will be sufficient proof of a familial relationship to get a green card for your brother. However, if you are only related through your father, it will be slightly more challenging to apply for a green card for your brother. You will need to submit your father’s marriage certificate from his marriage to your mother, as well as his marriage certificate from his marriage to your brother’s mother. You will also have to submit proof that one of the marriages was legally terminated. If the parents never married, you will need evidence of legitimation, or proof of a parental relationship such as that there was a financial or emotional relationship with the father, established before the age of 21. In sum, you can sponsor your half-brother for a green card. You just need to make sure that you submit all necessary supporting documents to prove the relationship. 

Can I sponsor my brother in law for a green card?

The answer varies depending on certain conditions. Yes, it’s possible if you are sponsoring your spouse, and your brother-in-law is an unmarried minor, as he may be included in your spouse’s application. However, if he is an adult or married, the answer becomes less straightforward. In this case, you cannot directly sponsor him; your spouse, once a green card holder or U.S. citizen, would need to take the lead.

Moreover, it’s crucial to know that if your brother-in-law is inadmissible due to certain reasons like a criminal background, the sponsorship is not possible. So, consider his eligibility for U.S. immigration. Additionally, if your brother-in-law has previously violated U.S. immigration laws, this might make him ineligible.

Furthermore, this also depends on your financial capability to provide an affidavit of support. This is an essential requirement, and without it, sponsoring becomes challenging. It’s also important to consider the long waiting periods involved in family-based immigration categories.

Remember that each case has its unique aspects. Therefore, consulting with an immigration attorney is advisable to navigate the complexities of such sponsorship.

Can I sponsor my brother for a green card if he is my step-brother?

If the familial relationship between you and your brother was established through a step-parent, you can still sponsor a green card for your brother. It is important that your parents, through whom the relationship is established, have married before your and your step-brother’s 18th birthday. In sum, if you are wondering “Can I sponsor my brother for a green card if he is my step-brother?” the answer is yes as long as certain criteria are met. 

Can I sponsor my brother for a green card if he was adopted?

You can apply for a green card for your brother if either you or your brother were adopted before the age of 16. You will have to submit a copy of the adoption decree proving the relationship. 

Can I get a green card if my brother is a US citizen?

This is a common question among those seeking to live in the United States. The answer is yes, under certain conditions. Primarily, it depends on whether your brother can sponsor you. As a US citizen, your brother can petition for your green card, but this process is subject to a quota system and often involves a lengthy wait. It’s crucial to understand that your brother must be at least 21 years old to sponsor you.

Moreover, you should be aware that your eligibility also hinges on your admissibility to the U.S. This means you should not have any legal or immigration violations that could make you ineligible. Another aspect of this question involves having all the necessary documentation to prove the sibling relationship.

It also depends on the priority date becoming current in the visa bulletin, which can often take several years. If you’re already in the U.S. illegally, this could complicate or even prevent you from obtaining a green card.

It also implies the need for your brother to provide financial support or an affidavit of support for you. To summarise the answer of the question is a yes, but it’s a process that requires patience, as the family-based immigration category for siblings often has the longest waiting period.

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Am I eligible to file a green card application for brother?

If you want to file a green card application for your brother, you need to demonstrate that you are a US citizen over the age of 21. You will also need to demonstrate the relationship to your brother with documents proving the sibling relationship, such as your birth certificates. 

What are ways to get a green card for brother?

Exploring what are ways to get a green card for brother is a common query for many U.S. citizens looking to reunite with their siblings. One of the primary answers to this question involves the family-based immigration category, specifically the F4 category for siblings of U.S. citizens. However, it’s important to note that the process can be lengthy due to visa caps and backlogs. Another aspect of this topic includes ensuring that all the necessary documentation, such as proof of the sibling relationship, is correctly submitted. One must also consider potential legal avenues like seeking the assistance of an immigration lawyer to navigate complex cases. Additionally, keep in mind the importance of maintaining legal status and avoiding any actions that could lead to inadmissibility. Another consideration is the possibility of your brother changing his status if he is already in the U.S. under a different visa category. Finally, it may involve waiting for legislative changes that could potentially open up more opportunities or streamline the process. Overall, this process requires patience, attention to legal details, and often professional guidance.

Factors that make your brother eligible for a green card include but are not limited to:

1. Relationship to a U.S. Citizen or Permanent Resident: The brother must be a sibling of a U.S. citizen or, in some cases, a permanent resident. For U.S. citizens, sibling sponsorship is a possibility.
2. Age of the U.S. Citizen Sibling: The U.S. citizen sibling petitioning for the green card must be at least 21 years old.
3. Legal Status of the Petitioner: The U.S. citizen or permanent resident sibling must be in good legal standing, with no major violations that could affect their eligibility to petition.
4. Proof of Relationship: There must be verifiable proof of the sibling relationship, such as birth certificates showing the names of the parents.
5. Admissible to the United States: The brother must be admissible to the U.S., meaning he should not have a criminal record or history that makes him inadmissible under U.S. immigration law.
6. Financial Stability of the Petitioner: The U.S. citizen or permanent resident must be able to provide financial support or an affidavit of support to the brother, ensuring that he will not become a public charge.
7. Valid Entry Into the U.S. (if applicable): If the brother is already in the U.S., he must have entered the country legally for eligibility to adjust status.
8. No Violations of Immigration Laws: The brother should not have any past violations of immigration laws, such as overstaying a visa or illegal entry, that could disqualify him.
9. Availability of Visa Numbers: For siblings, the availability of visa numbers under the family preference category is crucial, as there are annual caps and backlogs.
10. Health and Medical Clearance: The brother must pass a medical exam and meet the health requirements set by U.S. immigration law, including vaccinations and absence of contagious diseases.

Common issues when filing green card application for brother?

If a genuine sibling relationship exists between you and your brother, and you satisfy the aforementioned requirements, a green card for your brother might still not be an option if your brother is inadmissible to the United States. Below you can find some of the reasons why a green card application for your brother may be denied:

• Health and medical reasons
• Criminal convictions
• National security issues
• Likelihood to become a public charge
• Fraud or misrepresentation
• Prior removals or unlawful presence
• Miscellaneous grounds

If my brother is an American citizen can I become one?

Navigating the path to U.S. citizenship can be complex. The answer of the question varies based on several factors. Yes, it’s possible, but not directly through your brother’s citizenship. Your brother can sponsor you for a green card, and eventually, you might be eligible for citizenship. However, you must remember that obtaining a green card through a sibling can take many years due to visa backlogs.

Continuing this thought, you should know that after getting a green card, you must reside in the U.S. for a certain period before applying for citizenship. Also, it’s important to note that good moral character and a clean legal record are essential for citizenship.

Furthermore, this also hinges on your ability to pass the U.S. citizenship test and demonstrate proficiency in English. It’s also worth noting that if you are outside the U.S. or have previously been deported, this could complicate or elongate your journey to citizenship.

Remember that it’s a process with many steps: obtaining a green card, fulfilling residency requirements, demonstrating good moral character, and passing the citizenship test. Each case is unique, so for a definitive answer to this question a consultation with an immigration expert is often the best course of action.

How can I apply for my brother green card?

If you want to become the US citizen sponsor of a green card for your brother, you will have to file a petition with the United States Citizenship and Immigration Services (USCIS) on Form I-130 [https://www.uscis.gov/i-130]. Once a visa becomes available, your brother will be notified by the National Visa Service (NVC), and will then be able to apply for an immigrant visa at a US Consulate. Once the immigrant visa is approved, your brother and his family will be able to travel to and enter the United States. 

Green card application process for brothers explained

Filing a green card for brother application is a three-step process. Below you can find a step-by-step guide explaining how to apply for brother green card. If you have questions related to your particular case, you can contact our family-based immigration attorneys, who can advise on the best strategy in your case. 

A step-by-step guide for green card application for brothers

While the process of obtaining a green card for your brother is not any more complicated than any other family-based immigration petition, it is one that unfortunately takes many years due to the annual caps on immigrant visa issuance in the F4 category. If you are wondering “How can I apply for my brother green card?” please see the below step-by step  

Step 1: The US citizen sibling files Form I-130, Petition for Alien Relative

Once you have decided that you will be filing a green card application for your brother, your first step is to  file an immigrant petition on his behalf. To do so, you must submit Form I-130 with all relevant support evidence to USCIS. As soon as USCIS approves the petition, the application for your brother will be forwarded to the National Visa Center (NVC). 

Step 2: You wait for a visa to become available

When you file the petition for a green card for your brother, the receipt date of your petition will become the “priority date” of your brother’s application. When the priority date becomes current on the Visa Bulletin, you can then  move on to the next step towards obtaining a green card for your brother. Keep in mind that you will likely have to wait several years before the priority date becomes current.

Step 3: The foreign national brother applies for an immigrant visa at a US Consulate or Embassy abroad (Form DS-260, Immigrant Visa Electronic Application)

When the priority date for your brother’s immigrant petition becomes current, he can apply for an immigrant visa at a US Consulate or Embassy in his home country by filling out Form DS-260. The DS-260 application will be submitted to the National Visa Center from where it will be forwarded to the US Embassy or Consulate adjudicating the application. 

Step 4: Brother green card immigration interview

The final step in the green card for brother process is for your brother to attend an immigration interview at the US Embassy or Consulate. Prior to the interview, your brother will also have to attend a medical exam with a US government approved physician. During the interview, the immigration officer will ask your brother questions to make sure he is not ineligible for a green card. Once the case is approved, your brother will be issued an immigrant visa with which he can travel to the United States. Once inside the United States, your brother will be sent a green card to the mailing address listed on the application. 

What documents do I need to file green card application for brother?

In order to apply for a green card for your brother through the F4 family-based immigrant category, you will have to submit the following documents:

• Proof of your US citizenship.
• Proof of your familial relationship to your brother, such as birth certificates, adoption decrees, marriage certificates of parents, etc.  
• Affidavit of Support. You will have to demonstrate that you have the means to financially support your brother and that you will not let him become a public charge.
• If your brother has changed his name, you will have to submit proof of the name change.
• A copy of your brother’s valid passport.
• Two passport-size photos of your brother.
• Completed medical examination and vaccination forms.
• Civil documents, such as any court records, marriage or birth certificates for your brother’s spouse and minor children, military records (if applicable), police clearance certificates for every country your brother has lived in since the age of 16.

This is a standard list of documents that most people filing a green card application for brother submit as part of their application. However, every case is different, and you may have to submit additional documents. If you have questions about the necessary documents to submit in your case, we recommend consulting with a family-based immigration attorney who will make sure you have assembled all the required documents for applying for a green card for your brother.

READ ALSO: Can I Sponsor My Sister for a Green Card?

READ ALSO: Green Card for Siblings

Green card for brother immigration services

Are you a US citizen wondering “Can I sponsor my brother for a green card?” If you are wondering can I apply for a green card for my brother, our family-based immigration attorneys can devise a custom tailored immigration strategy for your and your brother’s needs. Our attorneys have extensive experience with the brother of US citizen green card process and can help your brother obtain a green card so that he and his family can live in the United States. 

To schedule a consultation with our immigration attorney, please click here and click on “Schedule a Consultation.” You can also email us at [email protected], or call us at (212) 220-6652.

During your consultation, our family-based immigration lawyer will provide an honest assessment of your case, and a recommendation about your next steps.

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