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Green Card - Family Fourth Preference - Frequently Asked Questions


How do I petition for my brother or sister, we are related through our father, and one of us was born out of wedlock and legitimated?

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 and your father's name
  • If you were not born in the U.S., 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 and your father's name
  • 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

Note: 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.

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