You will probably have questions about how to adjust the status of a child adopted by your siblings. You should find an immigration lawyer and schedule a consultation, where you can get answers to any questions that you have.


See Find an Immigration Lawyer for more information.
 Only a U.S. citizen can sponsor a sibling to immigrate to the United States. If you are a green card holder, then you unfortunately can’t.Siblings are not counted as “immediate relatives.” Accordingly, they won’t be able to immediately immigrate to the United States. Instead, they will need to wait until a visa becomes available in their category.
Your sibling might already be in the U.S., for example on a work visa. However, he or she still must wait for a visa to be made available before they can apply to adjust their status.
 Before beginning this lengthy process, you should figure out if your adopted niece or nephew will qualify. In order to qualify, they must meet the definition of “children” under U.S. immigration law.


The children must have been legally adopted before your sibling is admitted into the U.S.This means your sibling can’t come to the U.S. and then try to adopt the children.
The child must have been adopted before age 16, and your sibling must have had at least two years of legal and physical custody., You will need to file a Form I-130, Petition for Alien Relative, to start the process. You can download the form and its instructions from the United States Citizenship and Immigration Services (USCIS) website.You can also request forms by calling 1-800-375-5283., You should provide the requested information by printing neatly using black ink. You might also type the information into the form. If you need extra space, then attach a sheet of paper and identify the item number.The form will ask for the following information:


information about you, such as name, address, place and date of birth, and Social Security Number
information about your relative, such as name, address, date and place of birth
other information about your sibling, including gender, marital status, and dates of prior marriages
information if your sibling is already in the U.S.
your sibling’s spouse and children (list your niece or nephew if they are under 21 and not married)
address where your sibling intends to live
your signature under penalty of perjury

, You will need to provide USCIS with documents that show your relationship to your sibling. Read the instructions to Form I-130 to see specifically what you need. You should gather these documents ahead of time so that you can provide them with your I-130 petition:copy of your birth certificate
copy of your sibling’s birth certificate showing you have one common parent
information about your father’s marriages, such as marriage certificates and divorce decrees, if you share a common father but different mothers
information about adoptions if you and your sibling are related through adoption

, You need to pay a $420 filing fee by check or money order. Make payment out to “U.S. Department of Homeland Security.” Do not abbreviate to “USDHS” or “DHS.”Filing fees are subject to change. You should call 1-800-375-5283 to get the most current fee information.
 Gather your petition and your supporting documents. Make a copy for your records. Then put the entire application into an envelope. You will send the application to either the Chicago or Phoenix office, depending on where you live.


Read the instructions to find the particular office where you should send your application., Eventually, a visa may become available. Your sibling will be notified by the National Visa Center (NVC) and given directions on what to do next.


If you listed your niece or nephew as a dependent, then they should be able to immigrate to the U.S. at the same time.
 Your sibling can get permanent resident status (green card) in one of two ways. If they are outside the country, they will use “consular processing.” Their notice from NVC will tell them when to show up for consular processing.


If your sibling is legally already inside the U.S., then they will need to adjust their status by completing Form I-485, which is available for download from USCIS.Remember, your sibling must be in the U.S. legally. If they snuck in illegally, then they must return to the home country and undergo consular processing.
Your adopted niece or nephew can also gain permanent resident status at the same time as their parents.
 Your sibling might have come to the U.S. alone. If so, then your niece or nephew qualifies for “following-to-join” benefits. They will not need to wait for a visa. Instead, your sibling needs to inform the U.S. Consulate that they are a permanent resident so that their children can then get an immigrant visa.


Your sibling will need to file various forms, depending on whether they have already adjusted their own status. If they have, then they need to file Form I-824, a copy of the petition used to apply for immigrant status, Form I-797, and a copy of their green card.See the USCIS website for more information.
Consult with an attorney.
Identify if you can sponsor your sibling.
Check if your niece or nephew qualify.
Download the petition.
Complete the form.
Gather supporting documents.
Pay the filing fee.
Submit your applications.
Check your sibling’s visa status.
Have your sibling adjust their status.
Get “following-to-join” benefits.
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