Green Card Family Fourth Preference

Frequently Asked Questions & Answers

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.


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):

1. Form I-130, Petition for Alien Relative

2.A copy of your birth certificate showing your name and your mother’s name

3. If you were not born in the U.S., a copy of either

a.Your Certificate of Naturalization or Citizenship, or

b.Your U.S. passport

4.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.

OR
Check My Eligibility

3. How do I petition for my brother or sister, we have the same father but different mothers?

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

1. Form I-130, Petition for Alien Relative

2.A copy of your birth certificate showing your name and your father’s name

3. If you were not born in the U.S., a copy of either

a.Your Certificate of Naturalization or Citizenship, or

b.Your U.S. passport

4.A copy of your brother’s or sister’s birth certificate showing his or her name and your mother’s name

5.A copy of your father’s marriage certificate to each mother

6.A copy of any divorce decrees, death certificates, or annulment decrees showing that any previous marriages entered into by your parents or your sibling’s parents ended legally

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.

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.


4. 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:

1. Form I-130, Petition for Alien Relative

2.A copy of your birth certificate showing your name and your father’s name

3. If you were not born in the U.S., a copy of

a.Your Certificate of Naturalization or Citizenship or

b.Your U.S. passport

4.A copy of your brother’s or sister’s birth certificate showing his or her name and your father’s name

5. Evidence that the person who was born out of wedlock was legitimated before reaching the age of 18 and while unmarried through

a.The marriage of that person’s natural parents

b.The laws of your or your brother’s or sister’s country of residence or domicile, or

c.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.


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:

1. Form I-130, Petition for Alien Relative

2.A copy of your birth certificate showing your name

3.If you were not born in the U.S., a copy of

a.Your Certificate of Naturalization or Citizenship or

b.Your U.S. passport

4.A copy of your brother’s or sister’s birth certificate showing his or her name

5.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.