Here is the story:
My husband's sister doesn't have the same mother legally. In her birth certificate, his aunt (her mother's sister) appears like her mother. Now, my husband want to apply for his sister but we don't know how to prove the relationship...
There is more behind this, my husband's mother was very sick when my husband's sister was born. And my husband's mother bring her as a baby to my husband's aunt. Next my husband's aunt registered the baby as her daugther because my husband's mother in that time would die, but she didn't. When she recovered her health she looked for her baby but the aunt already registered as her daughter. My husband's mother didn't do nothing for change the birth certificate and the baby grew with the aunt as her daugther. Now she is 23 years old and she is single mother, my husband wants to petition her but the trouble is how to prove that they are biological brothers???

Thank you all for your suggestions/opinions.

He can not petition for her until he is a Citizen.

There has been talk of doing away with this category, but assuming the current rules/timelines apply you are looking at nearly 20 years.

My guess is that you would start by correcting the birth certificate. Probably best to get advice from a Mexican Lawyer.

What do you mean by "there has been talk of doing away with this category"? That the USCIS is planning on considering siblings to be immediate family members or that the US citizen won't be able to petition his/her siblings at all?

Thank you!

Diana

Last version of CIR that I saw was going to do away with sibling sponsorship.

But who knows?

There hae been quite a few posts on this board about the issue.

My husband is US citizen, he was born in USA. We have analized the situation and we alredy think about change her birth certificate, but it will take more time and money... I wish I would know if imigration would accept a DNA test as a prove that they're biological brothers?

Bummer.

Thanks!

Diana

Someone knows if USCIS will acept an ADN test for proof that they are biological brothers??

I'm only familiar with one case where the embassy, no the USCIS requested a DNA test. The embassy appoints the doctors that will handle the testing and then you have to submit the results. You can't choose your own doctors, for obvious reasons.

Diana

So, does he can do the I130 petition without a birth certificate that shows that they are biological brothers??

Well, if you read the instructions for the I-130 it says that if a US Citizen is petitioning his/her siblings they need to submit birth certificates to prove the relationship. Your sister in-law needs to correct her birth certificate in Mexico first and then send it to your husband so he can file the petition. It's the only way because right now legally, it looks like his father had 2 children with 2 sisters. If he wants to file the petition as is, your brother would need to submit marriage certificates and divorce decrees proving that his father married both sisters, thus making the children brother and sister. And which in reality is not a true story.

Diana

Yeah. Maybe it will be the unique way to do it. So, it is to get her BC corrected but it would take almost 2 years I think so and more money... They're biological brothers by the mother, but the mother gave the baby girl to her sister (mother's sister). Now my husband's sister is like his cousin. I don't know all of that is so complicated...

You need to correct the birth certificate and then the embassy may want to request DNA by their approved panel physician with their choice of specimen collection location, and an accredited lab that fits their standards.

Thanks a lot for share the info.

How about the father?

US citizen can petition a sibling.
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).

Thanks for reply. The problem would be that she wasn't adopted legally for his aunt. And they grew up in differents families (so, I think they won't be considered as adopted brothers). There isn't any legal paper about adoption or something.
And about the father, they didn't have the same father (neither biologically or legally). My husband's mother is single mother so, my husband only have his mother last name or "apellidos"-in Spanish. Also, his "sister" has another last names (from her aunt's husband and from her aunt). Legally, they are cousins.
It's so complicated because there isn't any legal relation that would help him to petition her