Green Card Family Fourth Preference

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.

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

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.

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

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.

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

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

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.

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

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.

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)

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.

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

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

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.

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.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.

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)).

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

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

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.

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.