Green Card Family Fourth Preference

Frequently Asked Questions & Answers

6. How do I petition for my stepbrother or stepsister, we now share a common parent?

If you are a U.S. citizen seeking permanent resident status for your stepbrother or stepsister, you must file the following items with the U.S. Citizenship and Immigration Services:

1. Form I-130, Petition for Alien Relative

2.Your birth certificate showing your name and your common parent’s name (if your father married your stepsibling’s mother, your father’s name must be visible on the birth certificate; if your mother married your stepsibling’s father, your mother’s name must be visible on the birth certificate)

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 stepbrother’s or stepsister’s birth certificate showing his or her name and your common parent’s name

5.If your stepsibling is or has been married, you must provide evidence of the marriage(s) in order to prove that your stepsibling was once a “child” of the stepparent

6.A copy of the civil marriage certificate of your natural mother to your natural father and your stepsibling’s natural mother to his or her natural father

7.Proof that any previous marriages entered into by your and your stepsibling’s father and mother ended legally (this could include copies of divorce decrees, death certificates, or annulment decrees)

8.A copy of the civil marriage certificate between a) your father and your stepmother or b) your mother and your stepfather, whichever is applicable

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.


7. How do I petition for my stepbrother or stepsister, we are related through our father, and one of us was born out of wedlock but legitimated?

If you are a U.S. citizen seeking permanent resident status for your stepbrother or stepsister and you were and/or your stepsibling was born out of wedlock, and you are related through your father, and the child born out of wedlock was legitimated, 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

a.Your Certificate of Naturalization or Citizenship or

b.Your U.S. passport

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

5. Evidence that you were and/or your stepsibling was legitimated before reaching the age of 18 and while still unmarried through:

a.The marriage of that person’s natural parents

b.The laws of your or your stepbrother’s or stepsister’s country of residence or domicile, or

c.The laws of your father’s 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.

OR
Check My Eligibility

8. How do I petition for my stepbrother or stepsister, we are related through our father, and one of us was born out of wedlock but not legitimated?

Your birth certificate showing your name and your common parent’s name (if your father married your stepsibling’s mother, your father’s name must be visible on the birth certificate; if your mother married your stepsibling’s father, your mother’s name must be visible on the birth certificate)

1. Form I-130, Petition for Alien Relative

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

3.A copy of your stepbrother’s or stepsister’s birth certificate showing his or her name and your common parent’s name (see above)

4.A copy of the marriage certificate between a) your father and your stepmother, or b) your mother and your stepfather, whichever is applicable (the date of the marriage must be prior to the date on which the child who was born out of wedlock reached the age of 18 or was married)

5.Proof that a bona fide parent-child relationship existed between your common parent and the child who was born out of wedlock before that child reached the age of 21 or was married

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.


9. 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)).


10. 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.