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Green Card - Family Fourth Preference - Frequently Asked Questions


Do I need to file a separate petition for my brother’s or sister’s spouse or his unmarried children under 21 years of age?

No, 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)).


Where should I file the petition?

You should file your petition and supporting documentation at the USCIS Service Center with jurisdiction over your place of residence.


Where can I get the forms and fee information?

You may download the forms using VisaPro’s free fillable forms service.

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What happens after I file the 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 U.S. when a visa number becomes available and has not worked without authorization, he or she may apply to adjust to Permanent Resident status.


May I appeal if my petition is denied?

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.

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