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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 brother’s
or sister’s 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
Petitioner’s U.S. Citizenship must be submitted along with the following:
- Petitioner’s birth certificate showing his/her name and
father’s name
- Beneficiary’s birth certificate showing his/her name
and father’s name
- If anyone’s 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 Petitioner’s U.S. Citizenship must be submitting along with the
following:
- Petitioner’s birth certificate showing his/her name and
father’s name
- Beneficiary’s birth certificate showing his/her name
and father’s name
- If anyone’s name has been legally changed evidence of
the name change (i.e., marriage certificate, name change decree, etc.)
- Father’s marriage certificate to each mother
- Divorce decrees, death certificates, or annulment
decrees showing previous marriages entered into by parents or sibling’s 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 Petitioner’s U.S. Citizenship must be
submitting along with the following:
- Petitioner’s birth certificate
- Beneficiary’s birth certificate
- If anyone’s 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 person’s natural parents
- the
legitimation laws of that person’s country of residence or domicile, or
- the
legitimation laws of the father’s 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 Petitioner’s U.S. Citizenship must be submitting along with the following:
- Petitioner’s birth certificate
- Beneficiary’s birth certificate
- If anyone’s 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 Petitioner’s U.S.
Citizenship must be submitting along with the following:
- Petitioner’s birth certificate showing common parent’s
name (if the father married the stepsibling’s mother, the father’s name must be
visible on the birth certificate; OR, if the mother married the stepsibling’s
father, the mother’s name must be visible on the birth certificate)
- Beneficiary’s birth certificate showing common parent’s
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 “child” of
the stepparent
- If anyone’s name has been legally changed evidence of
the name change (i.e., marriage certificate, name change decree, etc.)
- Civil marriage certificate of Petitioner’s natural
mother to Petitioner’s natural father and stepsibling’s natural mother to his
or her natural father
- Proof that any previous marriages entered into by Petitioner’s
and stepsibling’s father and mother ended legally (this could include copies of
divorce decrees, death certificates, or annulment decrees)
- Civil marriage certificate between a) Petitioner’s father
and Petitioner’s stepmother or, b) Petitioner’s mother and Petitioner’s
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 Petitioner’s U.S.
Citizenship must be submitting along with the following:
- Petitioner’s birth certificate showing father’s name
- Beneficiary’s birth certificate showing father’s name
- If anyone’s 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 person’s natural parents
- the
laws of the brother’s or sister’s country of residence or domicile, or
- the
laws of the father’s 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 Petitioner’s U.S. Citizenship must be
submitting along with the following:
- Petitioner’s birth certificate showing common parent’s
name (if father married stepsibling’s mother, father’s name must be visible on
the birth certificate; if mother married stepsibling’s father, mother’s name
must be visible on the birth certificate)
- Beneficiary’s birth certificate showing common parent’s
name (see above)
- If anyone’s name has been legally changed evidence of
the name change (i.e., marriage certificate, name change decree, etc.)
- Marriage certificate between a) Petitioner’s father and
stepmother, or b) Petitioner’s 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 stepsibling’s 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 State’s
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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