Immigration Lawyer Orange County & Los Angeles, CA


8220 Katella Ave., Suite 214
Stanton, CA 90680
Phone: (714) 657-7460
Toll free: 1-800-605-5801
Fax: (714) 657-7466
E-Mail: info@globallawcenters.com
sibling visa petition


How to Petition a Brother or Sister


 

Only a U.S. Citizen who is at least 21 years of age is eligible to petition for his or her brother or sister to become a lawful permanent resident. Lawful permanent residents are not eligible to petition for a brother or sister. Separate visa petitions are not required for a brotherís or sisterís spouse or his/her unmarried children under 21 years of age. They may accompany or follow to join the beneficiary. This includes adopted children.

There are several different way siblings may be related (i.e., with the same mother, with the same father and different mothers, where one is out of wedlock, stepsibling, etc.). Each requires different supporting documentation and each are discussed below.

When a U.S. Citizen petitions for a brother or sister where both have the same mother only evidence of the Petitionerís U.S. Citizenship must be submitted along with the following:

  • Petitionerís birth certificate showing his/her name and fatherís name
  • Beneficiaryís birth certificate showing his/her name and fatherís name
  • If anyoneís name has been legally changed evidence of the name change (i.e., marriage certificate, name change decree, etc.)

A U.S. Citizen petitioning for a brother or sister where both have the same father but different mothers, evidence of the Petitionerís U.S. Citizenship must be submitting along with the following:

  • Petitionerís birth certificate showing his/her name and fatherís name
  • Beneficiaryís birth certificate showing his/her name and fatherís name
  • If anyoneís name has been legally changed evidence of the name change (i.e., marriage certificate, name change decree, etc.)
  • Fatherís marriage certificate to each mother
  • Divorce decrees, death certificates, or annulment decrees showing previous marriages entered into by parents or siblingís parents ended legally

A U.S. Citizen petitioning for a brother or sister where Petitioner and/or brother or sister were born out of wedlock, and are related through the father and were legitimated, evidence of the Petitionerís U.S. Citizenship must be submitting along with the following:

  • Petitionerís birth certificate
  • Beneficiaryís birth certificate
  • If anyoneís name has been legally changed evidence of the name change (i.e., marriage certificate, name change decree, etc.)
  • Evidence that the person who was born out of wedlock was legitimated before reaching the age of 18 and while unmarried through
    • the marriage of that personís natural parents
    • the legitimation laws of that personís country of residence or domicile, or
    • the legitimation laws of the fatherís country of residence or domicile

If you are a U.S. citizen seeking permanent resident status for your brother or sister, and you were and/or your brother or sister was born out of wedlock and not legitimated, and you are related through your father, you must file the following with the U.S. Citizenship and Immigration Services:

A U.S. Citizen petitioning for a brother or sister where Petitioner and/or brother or sister were born out of wedlock and not legitimated, evidence of the Petitionerís U.S. Citizenship must be submitting along with the following:

  • Petitionerís birth certificate
  • Beneficiaryís birth certificate
  • If anyoneís name has been legally changed evidence of the name change (i.e., marriage certificate, name change decree, etc.)
  • Evidence that an emotional or financial bond existed between the father and the child who was born out of wedlock (either Petitioner or the brother or sister or both) before that child was married or reached the age of 21

A U.S. Citizen petitioning for a stepbrother or stepsister, evidence of the Petitionerís U.S. Citizenship must be submitting along with the following:

  • Petitionerís birth certificate showing common parentís name (if the father married the stepsiblingís mother, the fatherís name must be visible on the birth certificate; OR, if the mother married the stepsiblingís father, the motherís name must be visible on the birth certificate)
  • Beneficiaryís birth certificate showing common parentís name (see above)
  • If the stepsibling is or has been married, evidence of the marriage(s) in order to prove that the stepsibling was once a ďchildĒ of the stepparent
  • If anyoneís name has been legally changed evidence of the name change (i.e., marriage certificate, name change decree, etc.)
  • Civil marriage certificate of Petitionerís natural mother to Petitionerís natural father and stepsiblingís natural mother to his or her natural father
  • Proof that any previous marriages entered into by Petitionerís and stepsiblingís father and mother ended legally (this could include copies of divorce decrees, death certificates, or annulment decrees)
  • Civil marriage certificate between a) Petitionerís father and Petitionerís stepmother or, b) Petitionerís mother and Petitionerís stepfather

A U.S. Citizen petitioning for a stepbrother or stepsister, where Petitioner and/or stepsibling were born out of wedlock, and are related through the father, and the child born out of wedlock was legitimated, evidence of the Petitionerís U.S. Citizenship must be submitting along with the following:

  • Petitionerís birth certificate showing fatherís name
  • Beneficiaryís birth certificate showing fatherís name
  • If anyoneís name has been legally changed evidence of the name change (i.e., marriage certificate, name change decree, etc.)
  • Evidence that the person who was born out of wedlock was legitimated before reaching the age of 18 and while unmarried through
    • the marriage of that personís natural parents
    • the laws of the brotherís or sisterís country of residence or domicile, or
    • the laws of the fatherís country of residence or domicile

A U.S. Citizen petitioning for a stepbrother or stepsister where Petitioner and/or stepsibling was born out of wedlock and not legitimated, evidence of the Petitionerís U.S. Citizenship must be submitting along with the following:

  • Petitionerís birth certificate showing common parentís name (if father married stepsiblingís mother, fatherís name must be visible on the birth certificate; if mother married stepsiblingís father, motherís name must be visible on the birth certificate)
  • Beneficiaryís birth certificate showing common parentís name (see above)
  • If anyoneís name has been legally changed evidence of the name change (i.e., marriage certificate, name change decree, etc.)
  • Marriage certificate between a) Petitionerís father and stepmother, or b) Petitionerís mother and stepfather, whichever is applicable (the date of the marriage must be prior to the date on which the child who was born out of wedlock reached the age of 18 or was married)
  • Proof that any previous marriages entered into by Petitioner or stepsiblingís father or mother ended legally (this could include copies of divorce decrees, death certificates, or annulment decrees)
  • Proof that a bona fide parent-child relationship existed between common parent and the child who was born out of wedlock before that child reached the age of 21 or was married

If the brother or sister is outside the U.S. when the visa petition is approved and when an immigrant visa number becomes available, the brother/sister will be notified by the Department of Stateís National Visa Center to complete the processing for an immigrant visa. If the brother or sister is legally inside the U.S. when the visa petition is approved and when an immigrant visa number (if required) becomes available, he or she may apply for adjustment of status to that of a lawful permanent resident with the appropriate USCIS Regional Service Center.


The information contained in this web page is intended strictly to be used for information purposes and to educate the public in a general manner. The information contained in this page should not be considered legal advice, legal consultation, expressed or implied representation or a formal or an informal retention of this office. To create a formal attorney-client relationship a retainer must be signed and a fee must be paid to this office. Our response to any of your questions, comments, concerns etc. does not establish an attorney-client relationship. By responding to your questions we do not consider ourselves your attorneys. The response to your questions is strictly informational in nature and should not be considered or used as legal advice in any manner. The information contained on this site is general information on immigration laws and issues. The general information that is included in this web page will not cover the various exceptions and loopholes that are prevalent in the Immigration laws. We hope that our web page will educate you and hopefully enhance your understanding of Immigration laws.




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