QUESTION
Is it a good idea for my US citizen brother to petition for me?
Asked on Mar 29th, 2012 on Immigration - California
More details to this question:
My brother now a US citizen would like to petition for me to come to the states, but this is the problem: I changed my last name a years ago. My question is can we use DNA to prove we are brothers by blood. What do I do? I need some advice.
6 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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To prove you are siblings you will need his birth certificate and yours showing you have at least one common parent, also your parents' marriage certificate is helpful.
Answered on Apr 02nd, 2012 at 1:54 PM
Your U.S. Citizen brother may petition for you in the Family-Based Fourth Preference visa category notwithstanding that you legally changed your name. Generally evidence of the relationship would include your and your brother's birth certificates and a copy of the court order by which your name was changed. Note, however, that there is a very long backlog for visas in this category: although the Visa Bulletin issued monthly by the U.S. Department of State might seem to show only a 10-12 year delay, because less than a year's worth of backlog generally is handled each twelve months, the actual backlog for a newly filed case is likely to be 15+ years. For this reason it often is worthwhile to explore other possibilities for attaining immigration benefits.
Answered on Mar 30th, 2012 at 1:06 PM
Your brother can still petition you but you need to demonstrate your family relations. Docs about name change are an option. Otherwise, DNA test would be an option. You just have to be prepared to wait a very long time for your immigrant visa because of visa backlog in your preference group.
Answered on Mar 29th, 2012 at 1:46 PM
Intellectual Property Attorney serving Menlo Park, CA
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You need birth certificates from your brother and you showing common parents. Then documents showing you changed your name. DNA is last resort only after USCIS asks for it.
Answered on Mar 29th, 2012 at 12:12 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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Birth certificates of you and your brother showing the same parents may be all that USCIS requires, provided you have a court order for the name change.
Answered on Mar 29th, 2012 at 11:55 AM
First of all, it is going to be about 10-12 years before an immigrant visa will become available if your brother petitions for you. The last name is not a problem; it is important whether your birth certificate and his birth certificate shows the same set of parents. If that's the case, then there is no need for any DNA evidence.
Answered on Mar 29th, 2012 at 11:55 AM