A question about a US Visa ...

Old Jan 4th 2006, 9:53 pm
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Default A question about a US Visa ...

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.

Last edited by Kaenei; Jan 4th 2006 at 11:09 pm.
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Old Jan 5th 2006, 12:27 am
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Default Re: A question about a US Visa ...

Originally Posted by Kaenei
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.
I don't have an answer to the "brother" question, but I believe it's the USC who applies... not the beneficiary.

Ian
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Old Jan 5th 2006, 1:39 am
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Default Re: A question about a US Visa ...

Originally Posted by ian-mstm
I don't have an answer to the "brother" question, but I believe it's the USC who applies... not the beneficiary.

Ian

Poor choice of words from me - What I am unsure of is whether he can file on my behalf if such a situation came to pass.
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Old Jan 5th 2006, 2:11 am
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Default Re: A question about a US Visa ...

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.
 
Old Jan 5th 2006, 2:51 am
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Default Re: A question about a US Visa ...

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.

Last edited by Kaenei; Jan 5th 2006 at 2:59 am.
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Old Jan 5th 2006, 3:27 am
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Default Re: A question about a US Visa ...

Originally Posted by Kaenei
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.
Hi:

One common "parent" does the trick. However, given the common "parent" was your father, the issue is a tad more complicated. And also, you two may have a common "mother" under the provisions of the immigration & nationality act.

Also, there may be other ways to skin a cat so to speak -- the "FB-4" classification has a quite lenghty backlog.
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Old Jan 5th 2006, 3:58 am
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Default Re: A question about a US Visa ...

Originally Posted by Folinskyinla
Hi:

One common "parent" does the trick. However, given the common "parent" was your father, the issue is a tad more complicated. And also, you two may have a common "mother" under the provisions of the immigration & nationality act.

Also, there may be other ways to skin a cat so to speak -- the "FB-4" classification has a quite lenghty backlog.

Unfortunately for me, I don't think I have any more options. I've got no degree to speak of or such that would get me an employment visa - I don't qualify for the DV Lottery, I've no other American connections to speak of and definitley no amazing talent worthy of an arts/outstanding contribution visa.
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Old Jan 5th 2006, 4:28 am
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Default Re: A question about a US Visa ...

Originally Posted by Kaenei
Unfortunately for me, I don't think I have any more options. I've got no degree to speak of or such that would get me an employment visa - I don't qualify for the DV Lottery, I've no other American connections to speak of and definitley no amazing talent worthy of an arts/outstanding contribution visa.
Hi:

I have no idea who is who and who can do what. When I posted my response, I was thinking that a family history might be in order.
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Old Jan 5th 2006, 2:29 pm
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Default Re: A question about a US Visa ...

Originally Posted by Folinskyinla
Hi:

I have no idea who is who and who can do what. When I posted my response, I was thinking that a family history might be in order.

Well, my brother in this case was born before me, and my mother and father got married. He is quite a bit older than me, obviously same father, different mother, and he is married. That's all the connection to any American I have and know of.
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Old Jan 5th 2006, 5:52 pm
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Default Re: A question about a US Visa ...

Probably thinking that if you brother was a USC one of your parents might also be.
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Old Jan 5th 2006, 5:58 pm
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Default Re: A question about a US Visa ...

Originally Posted by Boiler
Probably thinking that if you brother was a USC one of your parents might also be.

No, he became a USC (eventually) through marrying a USC when he was much younger.
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Old Jan 5th 2006, 6:12 pm
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Default Re: A question about a US Visa ...

Originally Posted by Kaenei
No, he became a USC (eventually) through marrying a USC when he was much younger.

I think this is all too confusing. Better start at the beginning, so we get an idea of your family tree and the various nationalities involved...
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Old Jan 5th 2006, 7:48 pm
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Default Re: A question about a US Visa ...

Originally Posted by Elvira
I think this is all too confusing. Better start at the beginning, so we get an idea of your family tree and the various nationalities involved...

Hokay - I am a British Citizen (Scottish).

My Father and Mother are both British Citizens.

Myself, a brother and sister, are all the product of my Mum and Dad within their current marriage.

I have a half-brother through my father from a time before my father met my current mother. That brother moved to the US when he was quite young, met a US Citizen and married her. Eventually through legal residence, he became a US Citizen. I believe he is dual-nationality, as he did not legally renounce his British Citizenship upon acquiring American Citizenship.

Thusly, I am trying to work out if he can petition on my behalf so I can get hold of the rarity that is a hallowed Green Card.
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Old Jan 5th 2006, 8:26 pm
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Default Re: A question about a US Visa ...

Kaenei wrote:
    > > Probably thinking that if you brother was a USC one of your parents
    > > might also be.
    > No, he became a USC (eventually) through marrying a USC when he was
    > much younger.

I assume that after all the reponse, you understand that your USC
brother can file a peitition for any blod-related siblings for sure -
he may also be able to file petition to any adopted child of his
parents but that doens't apply to you anyway. If you are not too old
yet, 12 year waiting period the petition is approved to file apply for
a greencard is worht the wait. But remmeber that once he files a
peititon for you, you are not eligible to apply for any non-immigrant
visa to US (such as student visa, visit visa) except work related
visas, for example, H1.

May be you should visit him first and see him because when you are
waiting (outside assuming that you leave us after your visit), you
won't be able to visit him.

Also, if he plans to file petition for his father - in that case, there
is no waiting period for your father to apply Greencard, once the
father gets greencard, the father can file petition for you which
usually is aftser than sibling waiting. And in fact, once the father
becomes a USC, it is even faster for you. And there will be no problem
to withdraw the petitions that won't be used.
 
Old Jan 5th 2006, 9:27 pm
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Default Re: A question about a US Visa ...

Originally Posted by Kaenei
Hokay - I am a British Citizen (Scottish).

My Father and Mother are both British Citizens.

Myself, a brother and sister, are all the product of my Mum and Dad within their current marriage.

I have a half-brother through my father from a time before my father met my current mother. That brother moved to the US when he was quite young, met a US Citizen and married her. Eventually through legal residence, he became a US Citizen. I believe he is dual-nationality, as he did not legally renounce his British Citizenship upon acquiring American Citizenship.

Thusly, I am trying to work out if he can petition on my behalf so I can get hold of the rarity that is a hallowed Green Card.
Hi:

You don't mention how old your half-brother was before your father married your mother. If he was under 18 at the time, they your half-brother has not two, but three parents under the US immigration laws. He could immigrate your biological parents [or even just his "step-mother"] who could then petition for you. That way you would be under two categories, both with long waits, but one is shorter than the other. And then if one of your parents naturalizes, ---

"Serial immigration" can be fun at times.
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