How to migrate to their siblings?

In this week's Consulta Migratoria® column I answer a reader's question and explain how a U.S. citizen can immigrate his or her siblings.

Each case is different and the answers vary depending on the immigration history of each person. Here I provide general answers to your questions. Please consult with an immigration attorney to receive personalized legal advice before beginning any process.

This is the column:

I am Mexican and I have three sisters born in the United States. They are 20, 14 and 10 years old. Can I petition for my sisters at this time? How long does the process take to obtain residency? Will the papers come out faster if I hire a lawyer to help me? --Ramon S.

Ramon, your sisters cannot petition for you at this time, because they are not of the age required by law to petition. Currently, a U.S. citizen can petition for his or her parents, spouse, children and siblings. The citizen must be 21 years old to petition for his or her parents and siblings. There is no age limit to petition for a spouse or children.

Your sisters will be able to petition for you when they turn 21 years old. To apply, your sister must file a family petition with the U.S. Citizenship and Immigration Services (USCIS) and include evidence of your U.S. citizenship and relationship to each other.

If USCIS approves the family petition, the case will be assigned family category number 4 (F4) and sent to the National Visa Center (NVC) for further processing. Eventually the case will be sent to the U.S. Embassy in Mexico for your consular interview. The case may be processed in the U.S. if you meet the proper requirements.

Currently, the federal government is processing F4 cases of Mexican beneficiaries who were filed with the federal government prior to October 22, 1996. You will not be able to apply for permanent residency until a visa is available for your case.

An immigration attorney can help you evaluate your immigration options before you begin the process and prepare your immigration applications if you are eligible to apply for an immigration benefit. However, the attorney cannot advance the processing time of your case because immigrant visas are granted by the U.S. government in the order in which they are applied for.

Please note that the recently passed U.S. Senate comprehensive immigration reform bill provides for the elimination of sibling petitions for U.S. citizens. Therefore, if this bill were to become law in the future, your sisters would no longer be able to petition you. They should petition you as soon as they are eligible to avoid losing this immigration benefit in the future.