I-130 for brother

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bornyogi

Registered Users (C)
Posting this for a friend-

I am US citizen and I am trying to apply for permanent residency for my brother in India.

I know I need to file I-130. What do I need to do to establish proof for this relationship?
If someone can please outline the process and provide any advice in this application process that would be greatly appreciated.

Thanks
 
bornyogi said:
Posting this for a friend-

I am US citizen and I am trying to apply for permanent residency for my brother in India.

I know I need to file I-130. What do I need to do to establish proof for this relationship?
If someone can please outline the process and provide any advice in this application process that would be greatly appreciated.

Thanks
Click to expand...

proof tha shows you have a common parent. birth certificates should be fine.
 
Proving a sibling relationship:

If you and your brother have the same mother, it is relatively easy, all you need are satisfactory birth certificates OR the secondary evidence outlined on the State Department (DOS) website's Reciprocity Table for India. [Google for it.]

If you have the same father but different mothers it is more complicated. This involves either multiple marriage doc's, multiple "acts of legitimation", or proof of "bona fide" relationships between each child and the common father when each child was a "child" as defined in the INA.

If it is a step-relationship, it is almost about as complicated as same father with different mothers.

If you are related by adoption, it is even more complicated and probably not legal in that you are from India and legal adoption is HIGHLY restrictive under Indian Law and very hard to prove to DOS.
 
We have the same mother and father... one of my parents is deceased though.They dont have a marriage certificate because they married when the British ruled India. Is the birth certificate enough to establish the relationship??. Is there some kind of affidavit that needs to be filed in the courts in India for such relationship to be established.???
Any replies much appreciated.
 
bornyogi said:
We have the same mother and father... one of my parents is deceased though.They dont have a marriage certificate because they married when the British ruled India. Is the birth certificate enough to establish the relationship??. Is there some kind of affidavit that needs to be filed in the courts in India for such relationship to be established.???
Any replies much appreciated.
Click to expand...

IF your birth certificate and your brother's birth certificate list your mother by the SAME NAME, then that is all you need to prove the relationship. IF her name is not the same on both, then you need additional documentation to tie the two different names together.
 
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