greencard petition for sibling born out of wedlock

[Vip]

Hi,

I want to file petition for my sister to get her green card. I am currently living in the USA and american citizen. My parents have marriage certificate showing marriage date (June 1980) which is after my sister's birthdate (Jan 1980). My parents married earlier but they registered marriage after my sister was born. She is my biological sister. And biological daughter of my parents. My sister is now 33 years and married. So when I file her petition to USCIS, does the question of "out of wedlock" create any chance of denial even thought my sister and I have same mother and same father.

So based on these conditions what documents I need to submit to USCIS to prove my parents relation with my sister.

Your reply is appreciated,

Thank you,

[rayb]

The sibling relationship should not be a problem, so long as sister's birth cert shows the same mother as your birth cert. The worst case scenario is that DNA testing might be requested of your sister and her mother, but that probably won't happen.

You do realize, I expect, that your sister won't be eligible for an immigrant visa for 13 to 23 years, based on her country of residence?

--Ray B

Hi,

I want to file petition for my sister to get her green card. I am currently living in the USA and american citizen. My parents have marriage certificate showing marriage date (June 1980) which is after my sister's birthdate (Jan 1980). My parents married earlier but they registered marriage after my sister was born. She is my biological sister. And biological daughter of my parents. My sister is now 33 years and married. So when I file her petition to USCIS, does the question of "out of wedlock" create any chance of denial even thought my sister and I have same mother and same father.

So based on these conditions what documents I need to submit to USCIS to prove my parents relation with my sister.

Your reply is appreciated,

Thank you,

[Vip]

Eligibility

Ryeb,

Thank your reply. So proving relationship is not concern. But concern is her eligibility from your view point.

So Where is this rule described ?

Thanks again!!!

[rayb]

What "rule" are you asking about?

If she is your sister, you submit an I-130 petition with her birth cert, your birth cert, your mom's birth cert and your mom's marriage cert. Also recommended is some evidence of relationship to mother (with whom you are related), such as baptism, school, medical documents and photos of mom and her together.

If your current name is different than on your birth cert, include copies of document responsible for your name change, i.e., marriage cert.

The above is the best way you can "prove" a sibling relationship.

--Ray B

Ryeb,

Thank your reply. So proving relationship is not concern. But concern is her eligibility from your view point.

So Where is this rule described ?

Thanks again!!!

[Vip]

Siblings Green Card

Ray, Thanks again !!

please disregard my question regarding rule.

So USCIS may not raise any question regarding my sister's birth before my parent's marriage if we show them school records, some pictures, some bank documents, etc. **** My mom doesn't have her birth certificate.

Appreciated your opinion.

[rayb]

VIP,

"Born out of wedlock" is most likely to be an issue when a child is petitioned by a father (presumed), in which case the evidence of relationship is more likely to come up.

I do about 8 children petitions a month, mostly Filipinos, and about half of the children were born out of wedlock.

If your mom has no birth record, she should provide some corroborating document(s) from a government agency authenticating her identity and birth name.

--Ray B

Ray, Thanks again !!

please disregard my question regarding rule.

So USCIS may not raise any question regarding my sister's birth before my parent's marriage if we show them school records, some pictures, some bank documents, etc. **** My mom doesn't have her birth certificate.

Appreciated your opinion.

[Vip]

Siblings Green Card

Ray,

Thanks a lot for providing me such a great opinion.

God bless you and your family !!!!

Regards,

[Vip]

Sibling's Kids age issue

Ray,

I have one more question. I will list my sister's kids when I file green card petition for my sister. Her kids are under 21 years as of now. But when the case opens after may be 13 years, by that time her kids will be over 21. So her kids will be eligible to get green card along with her greencard ?

Thank you,

[rayb]

Normally, if the children have turned 21 before their mother's priority date becomes eligible for a visa, the children will have overaged and lose their eligibility.
The Child Status Protection Act, CSPA, provides for exceptions to the normal aging-out, but this is determined on a case-by-case basis when the parent's Prioirty Date becomes current.

--Ray B

Ray,

I have one more question. I will list my sister's kids when I file green card petition for my sister. Her kids are under 21 years as of now. But when the case opens after may be 13 years, by that time her kids will be over 21. So her kids will be eligible to get green card along with her greencard ?

Thank you,