Immigration Corner | Can my sister file for me and my family?

Dear Mrs Walker-Huntington,

I am seeking some information. I am married and living in Jamaica with my entire family which consists of me, my husband and five children. We are visa holders. Can my sister who is a US citizen file for us?

Thank you for your response.

SH

Dear Madam,

My sister has lived in America for over 12 years and she got her US citizenship two years ago. Do think she can file for me? And how long would it take?

TD

Dear SH and TD,

I have combined both your questions to make it clear to all the readers.

United States citizens can file for their siblings. The American citizen must be at least 21 years old to file the petition. It is the category of family sponsorship that has always taken the longest for a visa to become available, and with COVID-19 pandemic backlogs, it is taking even longer. It currently takes approximately 16 years for a visa to become available in this F4 preference category.

It’s important to note that it is the sibling who is petitioned for as the primary beneficiary in this category. Any spouse or children are considered derivative beneficiaries. This means that when a US citizen sibling files for their sister/brother and that person is married to spouse A, but while the petition is pending all those years they got divorced and marry spouse B, it is spouse B who will accompany the brother/sister to America. A marriage of the beneficiary after the petition is filed does not affect a filing in the sibling category. It also means that children under 21 years of age are eligible to migrate, even if they were not born when the petition was originally filed.

The sibling category is subject to biological verification – and sometimes a relationship test as well. If the parent in common is the father and there was no marriage, or different mothers, you can expect a request for a paternity test to prove the biological sibling link.

While a sibling petition is pending, the beneficiary cannot remain in America without status, as they would not be able to collect their visas in America. The visa must be consular processed, and leaving the US after a period of being out of status triggers a mandatory bar that can only be overcome with a waiver.

Dahlia A. Walker-Huntington, Esq, is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a diversity and inclusion consultant, mediator, and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com