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Green Card - Family Fourth Preference - Frequently Asked Questions

5.

How do I petition for my brother or sister, we are related through our father, and one of us was born out of wedlock but not 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 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 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
  • 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

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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