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For
Whom Are You Petitioning?
I am a U.S. citizen and I am
petitioning for:
- My
brother or sister, and we have the same mother
- My
brother or sister, and we have the same father BUT
different mothers
- My
brother or sister, we are related through our father, and
one of us was born out of wedlock and legitimated
- My
brother or sister, we are related through our father, and
one of us was born out of wedlock but not legitimated
- My
stepbrother or stepsister, and we now share a common
parent
- My
stepbrother or stepsister, we now share a common parent,
and one of us was born out of wedlock
- My
stepbrother or stepsister, we are related through our
father, and one of us was born out of wedlock but not
legitimated
Note: If either you or
your sibling were born out of wedlock (your
birth parents were not married when you were born), you must
provide evidence that you took the actions necessary to
satisfy the legitimation law of the birth country of the
person born out of wedlock while the individual was under 18
years of age and unmarried. Legitimation laws
require fathers to legally acknowledge their children. Refer
to the sections on legitimated children out of wedlock
If you
are a U.S. citizen seeking permanent resident status for your brother
or sister, and you have the same mother,
you must file the following items with the U.S. Citizenship
and Immigration Services:
- Form
I-130, Petition for Alien Relative
- A copy of your birth
certificate showing your name and your mother’s name
- If you were not born in
the United States, a copy of either
- your Certificate of
Naturalization or Citizenship or
- your U.S. passport
- A copy of your brother’s
or sister’s birth certificate showing his or her name
and your mother’s name
- If anyone’s name has
been legally changed (differs from the name on his or her
birth certificate), evidence of the name change must be
submitted
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If you
are a U.S. citizen seeking permanent resident status for your brother
or sister, and you have the same father but
different mothers, you must file the following items
with the U.S. Citizenship and Immigration Services:
- Form
I-130, Petition for Alien Relative
- A copy of your birth
certificate showing your name and your father’s name
- If you were not born in
the United States, a copy of either
- your Certificate of
Naturalization or Citizenship or
- your U.S. passport
- A copy of your brother’s
or sister’s birth certificate showing his or her name
and your father’s name
- If anyone’s name has
been legally changed (if it differs from the name on his
or her birth certificate), evidence of the name change
must be submitted
- A copy of your father’s
marriage certificate to each mother
- A copy of any divorce
decrees, death certificates, or annulment decrees showing
that any previous marriages entered into by your parents
or your sibling’s parents ended legally
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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 you are related through your
father and were legitimated, you
must file the following with the U.S. Citizenship and
Immigration Services:
- Form
I-130, Petition for Alien Relative
- A copy of your birth
certificate showing your name
- If you were not born in
the United States, a copy of
- your Certificate of
Naturalization or Citizenship or
- your U.S. passport
- A copy of your brother’s
or sister’s birth certificate showing his or her name
- If anyone’s name has
been legally changed (if it differs from the name on his
or her birth certificate), evidence of the name change
must be submitted
- 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 your or
your brother’s or sister’s country of residence or
domicile, or
- the laws of the
father’s country of residence or domicile
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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:
- Form
I-130, Petition for Alien Relative
- A copy of your birth
certificate showing your name
- If you were not born in
the United States, a copy of
- your Certificate of
Naturalization or Citizenship or
- your U.S. passport
- A copy of your brother’s
or sister’s birth certificate showing his or her name
- If anyone’s name has
been legally changed (if it differs from the name on his
or her birth certificate), evidence of the name change
must be submitted
- Evidence that an emotional
or financial bond existed between your father and the
child who was born out of wedlock (either you or your
brother or sister or both of you) before that child was
married or reached the age of 21
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If you
are a U.S. citizen seeking permanent resident status for your stepbrother
or stepsister, you must file the following items with
the U.S. Citizenship and Immigration Services:
- Form
I-130, Petition for Alien Relative
- Your birth certificate
showing your name and your common parent’s name (if your
father married your stepsibling’s mother, your
father’s name must be visible on the birth certificate;
if your mother married your stepsibling’s father, your
mother’s name must be visible on the birth certificate)
- If you were not born in
the United States, a copy of
- your Certificate of
Naturalization or Citizenship or
- your U.S. passport
- A copy of your
stepbrother’s or stepsister’s birth certificate
showing his or her name and your common parent’s name
(see above)
- If your stepsibling is or
has been married, you must provide evidence of the
marriage(s) in order to prove that your stepsibling was
once a “child” of the stepparent
- If anyone’s name has
been legally changed (if it differs from the name on his
or her birth certificate), evidence of the name change
must be submitted
- A copy of the civil
marriage certificate of your natural mother to your
natural father and your stepsibling’s natural mother to
his or her natural father
- Proof that any previous
marriages entered into by your and your stepsibling’s
father and mother ended legally (this could include copies
of divorce decrees, death certificates, or annulment
decrees)
- A copy of the civil
marriage certificate between a) your father and your
stepmother or b) your mother and your stepfather,
whichever is applicable
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If you
are a U.S. citizen seeking permanent resident status for your stepbrother
or stepsister and you were and/or
your stepsibling was born out of wedlock,
and you are related through your father, and
the child born out of wedlock was legitimated,
you must file the following items with the U.S. Citizenship
and Immigration Services:
- Form
I-130, Petition for Alien Relative
- Your birth certificate
showing your name and your father’s name
- If you were not born in
the United States, a copy of
- your Certificate of
Naturalization or Citizenship or
- your U.S. passport
- A copy of your
stepbrother’s or stepsister’s birth certificate
showing his or her name and your father’s name
- If anyone’s name has
been legally changed (if it differs from the name on his
or her birth certificate), evidence of the name change
must be submitted
- Evidence that you were
and/or your stepsibling was legitimated before reaching
the age of 18 and while still unmarried through:
- the marriage of that
person’s natural parents
- the laws of your or
your stepbrother’s or stepsister’s country of
residence or domicile, or
- the laws of your
father’s residence or domicile
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If you
are a U.S. citizen seeking permanent resident status for your stepbrother
or stepsister and you were and/or your
stepsibling was born out of wedlock and not
legitimated, you must file the following items with
the U.S. Citizenship and Immigration Services:
- Form
I-130, Petition for Alien Relative
- Your birth certificate
showing your name and your common parent’s name (if your
father married your stepsibling’s mother, your
father’s name must be visible on the birth certificate;
if your mother married your stepsibling’s father, your
mother’s name must be visible on the birth certificate)
- If you were not born in
the United States, a copy of
- your Certificate of
Naturalization or Citizenship, or
- your U.S. passport
- A copy of your
stepbrother’s or stepsister’s birth certificate
showing his or her name and your common parent’s name
(see above)
- If anyone’s name has
been legally changed (if it differs from the name on his
or her birth certificate), evidence of the name change
must be submitted
- A copy of the marriage
certificate between a) your father and your stepmother, or
b) your mother and your 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 your or your 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 your common
parent and the child who was born out of wedlock before
that child reached the age of 21 or was married
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Please note that you
do not need to file separate visa petitions for your
brother’s or sister’s spouse or his/her unmarried children
under 21 years of age. They may accompany or follow to join
your brother and sister. This includes adopted children who
fit the definition of adopted child in the immigration law (101(b)(1)(E)
but not (F)).
If you are the
beneficiary of the petition and you have children, refer to How
Do I Bring My Children to Live in the United States?
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Where
to File
You should file your petition and supporting documentation at
the USCIS
District Office with jurisdiction over your place of
residence. One exception: if you live in the jurisdiction of
the Baltimore, Maryland District Office, you should file at
the Vermont
Service Center.
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Where
to Get the Forms and Fee Information
Forms and fee information can be found on our Forms
and Fees page. You may also go directly to a form by
clicking on the form number where it is underlined in the
chart on the Forms and Fees page. When you click on a form
number, you will be taken to a page with more specific
information about that form, and you will also find a link to
the printable form. You may also obtain forms from the USCIS
Forms Center by calling 1-800-870-3676.
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After
Filing Your Petition
You will be notified by the USCIS if your I-130 petition is
approved or denied. If it is approved, your brother or sister
will be notified by the Department of State when a visa number
is available. If your sibling is outside the country, he or
she must then go to the local U.S. consulate to complete visa
processing. If your sibling is legally inside the United
States when a visa number becomes available and has not worked
without authorization, he or she may apply to adjust to
Permanent Resident status. For more information on immigrant
visa numbers, your sibling should refer to How
Do I Get an Immigrant Visa Number? For more information on
adjusting to lawful permanent residence, your sibling should
refer to How
Do I Become a Lawful Permanent Resident While in the United
States?
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May I
Appeal?
If the visa petition you filed for your brother or sister is
denied, the denial letter will tell you how to appeal and when
you must file the appeal. After your appeal form and a
required fee are processed, the appeal will be referred to the
Board of Immigration Appeals in Washington, D.C. For more
information, please see How
Do I Appeal the Denial of My Petition or Application?
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Source: US Government,
10/29/2004 |
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