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This information is for a United States (U.S.) citizen, who is at least 21
years of age, who wishes to petition for or “sponsor†his or her brother or sister to live permanently in the U.S. Lawful permanent residents are not eligible to petition for a brother or sister.
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 mothers 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 brothers or sisters birth certificate showing his or her name and your mothers name
- If anyones name has been legally changed (differs from the name on his or her birth certificate), evidence of the name change must be submitted
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 fathers 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 brothers or sisters birth certificate showing his or her name and your fathers name
- If anyones 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 fathers 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 siblings parents ended legally
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 brothers or sisters birth certificate showing his or her name
- If anyones 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 persons natural parents
- the laws of your or your brothers or sisters country of residence or domicile, or
- the laws of the fathers 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:
- 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 brothers or sisters birth certificate showing his or her name
If anyones 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
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 parents name (if
your father married your stepsiblings mother, your fathers name must be visible on the birth certificate; if your mother married your stepsiblings father, your mothers 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 stepbrothers or stepsisters birth certificate showing his or her name and your common parents 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 anyones 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 stepsiblings natural mother to his or her natural father
- Proof that any previous marriages entered into by your and your stepsiblings 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
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 fathers 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 stepbrothers or stepsisters birth certificate showing his or her name and your fathers name
- If anyones 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 persons natural parents
- the laws of your or your brothers or sisters country of residence or domicile, or
- the laws of the fathers country of residence or domicil
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 parents name (if
your father married your stepsiblings mother, your fathers name must be visible on the birth certificate; if your mother married your stepsiblings father, your mothers 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 stepbrothers or stepsisters birth certificate showing his or her name and your common parents name (see above)
- If anyoneâs 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 stepsiblings
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
Please note that you do not need to file separate visa petitions for your brothers or sisters 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.
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