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Green Card - Family Fourth Preference - Frequently Asked Questions

1.

Who may petition for their siblings to live in the U.S. as lawful permanent resident?

A U.S. citizen who is at least 21 years of age may 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.

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2.

How do I petition for my brother or sister, we have the same mother?

If you are a U.S. citizen seeking permanent residency 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 (USCIS):

  • 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 U.S., 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

Note: 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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