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Can I File Form I-130 for My Brother?

Native Americans and naturalized US citizens can both bring their family members such as their spouses, parents, children and siblings to America and help them to obtain lawful status in the country. You can file Form I-130 for your brother and help him to immigrate to America through family-based immigration. You being the sponsor, must file Form I-130, Petition for Alien Relative, for your brother, according to the instructions and your brother must meet the eligibility requirements and must be admissible into the country.

However, you cannot sponsor your brother if you are a minor and if you are not above age 21. Similarly, you will have to provide few supporting documents and establish that a relationship exists between you and the beneficiary, your brother. At the same time, you may not be able to sponsor your brother if you are a lawful resident and if you are yet to naturalize. If you are still a permanent resident, you may sponsor your spouse and children for US Green Cards and you may sponsor your parents and siblings after you obtain US citizenship.

However, this process involves few different steps and the first thing that you must do is to file Form I-130. After you file this petition and after it is approved, your brother must file a petition for an immigrant visa in an overseas consulate or embassy and your brother may be required to wait for few years as the petitions filed for relatives who belong to the preference categories may not be processed sooner. He can file a petition for an immigrant visa only after a visa becomes available and after being notified by the consular officers. Nevertheless, if your brother is already in America, he can file Form I-485 after a visa number becomes available and become a Green Card holder through adjustment of status. Along with Form I-130, you must also file Form I-864, Affidavit of Support, to establish that you will financially sponsor your brother.

Prior to filing your petition, you need to make sure that you meet the eligibility requirements to file Form I-130. Supporting documents that would help you to establish your relationship must be submitted. You will have to submit copies of your and your sibling’s birth certificates and the names of your parents must be printed on those certificates. You will have to provide documentary evidence to prove that you are a US citizen and you may submit copies of your US passport, citizenship certificate, naturalization certificate or your birth certificate, if you are native American.

If your brother is married, his spouse and his children below age 21 can be included in the same petition. After your brother gets into the United States through family-based immigration, he can accept employment in the country and apply for US citizenship later on. Similarly, after receiving a Green Card, your brother must understand his rights and responsibilities and retain his Green Card.

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