Click here to see how our firm is preparing for COVID-19

If I sponsor my brother or sister for an immigrant visa, can they bring their spouse and/or their children?

Callers to our office and visitors to our website always have questions regarding whether their sibling will be able to bring a spouse and/or children with them when they come to the U.S. on the sibling of a US citizen visa application.

We understand why there are so many questions - it is because it really is confusing !!

The short answer is YES.  Your sibling does not have to be single to come to the U.S. through your petition.

When you file an I-130 for your brother or your sister, they can bring their spouse and minor children with them.  Minor children are children under the age of 21.

USCIS and the State Department refer to the spouse and minor children as "derivatives."  Separate petitions are not required.

A related question is - if I am a US citizen and I sponsor my brother or sister and their spouse and minor children, what happens if the children reach the age of 21 before a visa becomes available.

In typical lawyer-like language - it depends !  USCIS uses a complicated formula to figure out if the provisions of the Child Status Protection Act apply to allow the child to continue to be considered a minor under the original petition.  One thing to keep in mind is that if the minor child ages out, but they are protected by the CSPA - that protection disappears if the child marries.

The long delays in sibling-based immigration visas cause lots of real world headaches.  If you have questions or concerns about a particular application or simply want more information about how you might sponsor a brother or sister and their family to come to the U.S. on a permanent basis, please give us a call at (314) 961-8200.

You May Also Like

How To Do a DS-260 Application Spread the love Individuals and family members seeking a Diversity Visa, or anyone living outside the United States who plans to obtain a marriage-based green card, must complete Form... VIEW POST
Everything You Need to Know About I-129F Processing Time Spread the love When embarking on the journey to get married to a foreign citizen, one of the important paperwork steps is applying for I-129F. Immigrants and citizens alike... VIEW POST
I-130 Processing Time: What to Expect for Family-Based Visas Spread the love If you’re helping a loved one immigrate to the United States, you may be asked to complete and submit an I-130 petition. An I-130 petition is... VIEW POST

Download Free Guide 
2023 Immigrant’s Guide to 
Becoming a U.S. Citizen

This guide contains all you need to know to become  
a U.S. citizen.

Download Free Guide 2022 Immigrant’s Guide to Becoming a U.S. Citizen

This guide contains all you need to know
to become a U.S. citizen.

Answers Show
Live every week.