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Subject: Re: A question about a US Visa ... Posted on: Thu, 05 Jan 2006 03:51:03 +0000


> ian-mstm wrote on 01/04/06 17:27:
>
> >> I can't find anything answering my question directly on any U.S.
> >> Government website, so I thought I'd see if anyone here had any
> >> answer
> >> that could help me. I've got a half-brother (Father's side) who is
> >> a
> >> United States Citizen and serving in the USAF.
> >> Some people have told me I can apply for a Family Visa becuase he
> >> is a
> >> blood relative, but others say I can't becuase he's "only" a Half-
> >> Brother. For the record, I am still under twenty one years of age.
> >> Anyone give me a definitive answer?
> >> EDIT:
> >> I took this from the official US State Department Visa site -
> >> Family Fourth Preference (F4): Brothers and sisters of United
> >> States
> >> citizens, and their spouses and children, provided the U.S.
> >> citizens
> >> are at least 21 years of age. (65,000)
> >> Doesn't really answer my question though.
> >
> > I don't have an answer to the "brother" question, but I believe it's
> > the
> > USC who applies... not the beneficiary.
>
>
> The USC is the petitioner, i.e., the USC files the I-130.
> The beneficiary, once the PD is current, files the I-485, or does CP
> if abroad.
>
> -Joe
> --
> I am not a lawyer.
> For reliable advice, consult a competent immigration attorney.

Guys and gals, I unearthed this with more research on an official US
Statr site ...

Definition of a Sibling

A sibling is a brother, sister, stepbrother, stepsister, or adopted
brother or sister. For the necessary sibling relationship to exist, each
person must have been a child of at least one of the same parents. The
siblings need not share the same biological parents as long as both
became “children” at the appropriate time (before the age of 16 in
cases of adoption, and before the age of 18 for stepchildren).

To me, that seems to include "Half-Brothers/Sisters", though when I
think about it, does the law differentiate to a point of even
recognising a "Half" relation? Anyone intrepret that differently?


*EDIT*

Well folks - Looks Like I was plain lazy - I found even more
information ...

If you are a U.S. citizen seeking permanent resident status 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:

* Form I-130, Petition for Alien Relative
* A copy of your birth certificate showing your name and your
father’s name
* If you were not born in the United States, a copy of either
o your Certificate of Naturalization or Citizenship or
o your U.S. passport
* A copy of your brother’s or sister’s birth certificate showing
his or her name and your father’s name
* 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
* A copy of your father’s marriage certificate to each mother
* 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.

Plainly, that answers my question and well ...

I do believe I see a path to that fine nation across the pond. Possibly.

--
Posted via http://britishexpats.com

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