(3) The Department of State's National Visa Center will inform the sponsor about the receipt of the petition and the availability of the visa number (unless there is any change in the information mentioned in the petition like change of address, marriage, divorce, death of the spouse or, the relative attaining 21 years of age etc., the sponsor need not have to contact the National Visa Center).

(4) When the immigrant visa number is made available, the relative in India can now apply to have immigrant visa number as assigned.

(5) Incase the relative is already in US, he / she may apply to change the status to that of a lawful permanent resident once a visa number becomes available.This is one way to secure an immigrant visa number.

Preference Categories

The relative intending, to migrate must obtain an immigrant visa number based on the preference category in which he/she falls. People who want to become immigrants are classified into categories based, a preference system.

The immediate relatives of US citizens, which includes parents, spouses and unmarried, children under the age of 21, do not have to wait (or an immigrant visa number to become, available once the visa petition filed for them is approved by the 'USCIS. An immigrant visa number will be immediately available for immediate relatives of U.S. citizens.

The relatives of the remaining categories must wait for an immigrant, visa number availability according to the following preferences:

First Preference

Unmarried, adult sons and daughters of U.S. citizens of 21 years of age or more.

Second Preference

Spouses of lawful permanent residents, their unmarried children (under twenty one), and the unmarried sons and daughters of lawful permanent residents.

Third Preference

Married. sons and daughters of U.S. citizens.

Fourth Preference

Brothers and sisters of adult U.S. citizens.

Information for Citizens

If an Indian National becomes a U.S. citizen, his / her spouse is considered an immediate relative and is immediately eligible for an immigrant visa provided petition is approved.

Generally, if the said spouse is in the US. (through a lawful admission or parole) at the time the U.S. Citizen files the Form I-130 , his / her spouse may file a , at the same time. If the spouse is in India, he / she will need to go to the nearest U.S. consulate to apply for an immigrant visa.

Information for Lawful Permanent Residents

If an Indian National becomes a lawful permanent resident and his / her petition for his / her spouse is approved, the same will be notified by the Department of State when a visa number becomes available. If the spouse is in India at the time of notification, he / she must then go to the local U.S. consulate to complete visa processing.

If the spouse is inside the U.S through a lawful admission or parole and is maintaining that status at the time of notification, he / she may file Form I-485 when the visa number becomes available. If that is not the case but the petition was filed on or before 04 / 30 / 01, he / she may be eligible to benefit under section 245(i).

If the visa number is not issued by the Department of State, he / she must wait for a number to become current. The spouse may need to depart the United States to avoid accruing unlawful presence.

If the marriage took place before becoming a permanent resident; the spouse may be eligible to receive following-to-join benefits. This means that the permanent resident will not be required to submit a separate Form I-130, (Petition for Alien Relative,) for his/her spouse, and the spouse will not be required to wait any extra time for an immigrant visa to become available.

Becoming a Permanent Resident while in the United States

An Indian National who is already in US must file the following documents with the US Citizenship and Immigration Services to become a lawful permanent resident in the United States:

(1) Form I-485 Application to Register Permanent Residence or Adjust Status

(2) Form G-325A Biographic Data Sheet (Between the ages of 14 and 79)

(3) Form I-693 Medical Examination Sheet

(4) Two color photos taken within 30 days

(5) Form I-864 Affidavit of Support (completed by the sponsor).
(This is not applicable if adjusting to permanent resident status based on an employment petition.)

(6) Form I-765 Authorization for Employment (if applicable)

(7) Evidence of inspection, admission or parole into the US (Form I-94, Arrival Departure Record).

In addition:

(1) If the immigrant petition has already been approved, then the applicant must submit a copy of the approval notice issued by the USCIS and the copy of the completed petition.

(2) If the applicant was admitted into the US as a fiance of a US citizen and got married to that US citizen within 90 days of the admission into US, then the applicant must submit a copy of the fiance petition approval notice and a copy of the marriage certificate.

(3) If the applicant has been continuously residing in US since before January I, 1972, then he / she must submit proof for being entered the US prior to January I, 1972 and lived in the US continuously since from the entry into the US.

(4) If the parent of the applicant had become a lawful permanent resident after the birth of the applicant, then the applicant must submit proof showing that his/her parent has been or will be granted permanent residence. The applicant must also submit a copy of birth certificate and proof of relationship with his / her parent.

(5) If the spouse of the applicant has become a lawful permanent resident after the marriage, the applicant must submit evidence that the spouse has been granted permanent residence. The applicant must also submit a copy of marriage certificate and proof showing if any previous marriages entered into by any of the couple which was legally terminated.

Note: There are certain eligibility requirements for using Form I-485.

Spouse

Before the U.S. sponsor file any documents, it is helpful to understand that "spouse" means lawful husband or wife. In order to successfully petition for an immigrant visa for a spouse, the relationship with the spouse must be established and the spouse must be admissible to the United States under the immigration law.

Immigration Process

A legal immigrant (or "lawful permanent resident") is an Indian national who has been granted the privilege of living and working permanently in the United States. There is a three-step process for the spouse to become a legal immigrant:

1. The USCIS must approve an immigrant visa petition that is filed for the spouse.

2. The State Department visa bulletin must show that a spouse immigrant visa is available to the spouse, based on the datethe immigrant visa application is filed.

3. If the spouse is in India when the visa petition is approved and when an immigrant visa number (if required) becomes available, the spouse will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa. If the spouse is legally inside the u.s. when the visa petition is approved and when an immigrant visa number (if required) becomes available, he / she may use Form I-485 to apply to adjust his/her status to that of a lawful permanent resident.

To bring a spouse (Husband or wife) to live in the United States

If a spouse living in the United States wants to call his / her spouse to the U.S to live with him/her, the U.S. spouse need to file the following with the US Citizenship and Immigration Services:

(1) Form I-130, (Petition for Alien Relative,) with all required documentation.

(2) A copy of his/her birth certificate showing the name, or U.S spouse's U.S. passport

(3) If the spouse is a citizen and were not born in the United States, a copy of either a Certificate of Naturalization or Citizenship or a u.s. passport

(4) If the spouse is a lawful permanent resident (LPR), a copy of the alien registration receipt card.

(5) Two completed and signed G-325A's (one for sponsor and one for the spouse).

(6) A copy of civil marriage certificate

(7) A copy of any divorce decrees, death certificates, or annulment decrees that would show that any previous marriage entered into by you or your spouse was ended legally.

(8) A color photo of you and one of your spouse

Note: Once the u.s. Citizen or LPA files the petition using Form I-130 on behalf of the Spouse, children and Fiancee, the spouse, children and Fiancee residing in India are eligible to apply for non-immigrant K or V visa which entitles them to join the sponsor residing in the United States and work as an interim arrangement before approval of the Immigrant Visa petition. Both these categories are explained in details below.

To bring Parents to live in the United Status.

If the person / sponsor living in the U.S is an U.S. Citizen and at least 21 years old, he / she is eligible to petition to bring his / her parents to live and work permanently in the United States. But if the sponsor living in the U.S. is a lawful permanent resident, he / she are not eligible to petition to bring his/her parents to live and work permanently in the United States.

There is a two-step process for the parent to become a legal immigrant.
1. The US CIS must approve an immigrant visa petition that the U.S Citizen Child files for his / her parent.

2. If the parent is in India, the parent will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa. If the parent is legally inside the U.S., he / she may apply to adjust his / her status to that of a lawful permanent resident using the Form I-485.

A. If the U.s. Citizen is applying to bring his / her mother to live in the United States, he / she must file the following with the U.S. Citizenship and Immigration Services Form I-130, Petition for Alien Relative (if the application is for both parents, applicant must file a separate petition for each parent)

(1) A copy of the applicant's birth certificate showing his / her name and his / her mother's name.

(2) If applicant's name or his / her mother's name is different now than at the time of his / her birth, he / she must provide evidence of the legal name change.

(3) If the applicant was not born in the United States, a copy of either
(i) His/her Certificate of Naturalization or Citizenship or
(ii) The U.S. passport

Note: If the applicant has been legally adopted, he / she may not petition for his / her birth parent.

B. If the U.S. Citizen is applying to bring his / her father to the United States to live, he / she must file the following with the u.s. Citizenship and Immigration Services Form I-130, Petition for Alien Relative (if the application is for both parents, applicant must file a separate petition for each parent)

(1) A copy of your birth certificate showing your name and the names of both your parents

(2) If applicant's name or his / her father's name is different from the name on his / her birth certificate, he / she must provide evidence of the legal name change.

(3) If the applicant was not born in the United States, a copy of either
(i) Certificate of Naturalization or Citizenship or
(ii) The U.S passport

(4) A copy of applicant's parents civil marriage certificate.

(5) A copy of any divorce decrees, death certificates, or annulment decrees that would show that any previous marriage entered into by the applicant's mother or father was ended  legally.

Note: If the applicant has been legally adopted, he / she may not petition for his / her birth parent;

C. If the applicant is applying to bring his / her father to the, United, States to live and the applicant was born out of wedlock and was not legitimated by his / her father before the 18th birthday and while he / she were unmarried, applicant must file the following with the U.S. Citizenship and Immigration Services

(1) Form I-130, Petition for Alien Relative (if the application is for both parents, a Separate petition for each parent must be filed).

(2) A copy of the applicants birth certificate showing his / her name

(3) If the applicant was not born in the U.S, a copy of either
(i) Certificate of Naturalization or Citizenship, or
(ii) The U.S. passport.

(4) Evidence of the father-son or-daughter relationship.

(5) Evidence that an emotional or financial bond existed between the applicant and his / her father before the applicant was married or reached the age of 21

(6) If anyone's name has been legally changed (differs from the name on his / her birth certificate), evidence of the name change must be provided.

Note: If the applicant has been legally adopted he/she may not petition for his / her birth parent

D. If the applicant is applying to bring his / her father to the United States to live and he / she was born out of wedlock and were legitimated by his / her father before the 18th birthday and while he / she was unmarried, he / she must file the following with the U$. Citizenship and Immigration Services:

(1) Form I-130, Petition for Alien Relative (if the application is for both parents, a separate petition for each parent must be filed)

(2) A copy of the birth certificate showing the applicant’s name

(3) If the applicant was not born in the US a copy of either,
(i) Certificate of Naturalization or Citizenship or
(ii) The U.S. passport

(4) Evidence, that, the applicant was legitimated before the, 18th birthday through
(i) The marriage of the applicant's birth parents, or
(ii) The laws of the state or country where the applicant lives, or
(iii) the laws of the state or country where the applicant's father lives

(5) If anyone's name has been legally changed(differs from the name on his/her birth certificate), evidence of the name change must be provided.

Note: If the applicant has been legally adopted, he / she may not petition for his / her birth parent.

E. If the applicant is applying to bring his / her stepparent, to the United States to live, he / she must file the following with the U.S Citizenship and Immigration Services:

(1) Form I-130, Petition for Alien Relative (if the application is for both parents, a separate petition for each parent must be filled).

(2) A copy of the birth certificate showing applicant’s name and the names of his / her birth parents.

(3) If, the applicant was not born in the U.S a, copy of either
(i)Certificate of Naturalization or Citizenship or
(ii) The U.S. passport

(4) A copy of the civil marriage certificate of the applicant's birth parent to his/her stepparent .showing that the marriage occurred before the applicant's 18th birthday.

(5) A copy of any divorce decrees, death certificates, or annulment decrees that would verify the termination of any previous marriage(s) entered into by the applicant's birth parent or stepparent.

(6) If anyone's name has been legally changed (differs from the name on his or her birth certificate), evidence of the name change must be provided.

Note: If the applicant has been legally adopted, he / she may not petition for his/her birth parent.

F. If the applicant is applying to bring his / her adoptive parent to the United States to live, he / she must file the following with the U.S. Citizenship and Immigration Services:

(1) Form I-130, Petition for Alien Relative ( if the application is for both parents, a separate petition for each parent must be filed).

(2) A copy of the applicant's birth certificate showing his / her name.

(3) If the applicant was not born in the U.S., a copy of either.

(i) Certificate of Naturalization or Citizenship or
(ii) The U.S. passport.

(4) A certified copy of the adoption decree, showing that the adoption occurred before the applicant's 16th birthday.

(5) A sworn statement showing the dates and places the applicant has lived together with his / her parent.

(6) If anyone's name has been legally changed (differs from the name on his or her birth certificate) evidence of the name change must be provided.

Note: If the applicant has been legally adopted, he / she may not petition for his / her birth parent.

Important

If the parent of the applicant is currently in the United States, his / her parent may be eligible to file form 1485, (Application to Register Permanent Residence, or to. Adjust Status,) at the same time as the applicant files, Form I-130 (petition fur Alien Relative).

Applicant will be notified by the USCIS if his / her I-130 petitions is approved or denied. If it is approved and the parent is in India, the parent will be notified to go to the local, U.S. consulate to complete his / her visa processing; If the patent is legally inside the U.S. and did not file Form I-485 Application concurrently with the applicant's petition on Form I-130, the parent may file the same at this time.

To bring Child (son or daughter) to live in the United States

The information given below pertains to both the U.S. Citizens and lawful permanent residents
The U.S immigration law defines a "child" as an unmarried person under the age of 21 (a minor) who is

(1) A child born to parents who are married to each other (born in Wedlock)

(2) A stepchild: if the marriage creating the step relationship took place bef0tethechild reached the age of 18.

(3) A child born out of wedlock (the parents were not married at the time the child was born).
Note: If the father is filing the petition, proof of a bona fide (teal and .established) relationship with the father must be supplied.

(4) An adopted child: if the child was adopted before the age of 16 and has lived with the adoptive parent(s) in their legal custody for at least two years

(5) An orphan under the age of 16 when an adoptive or prospective adoptive parent files a visa petition on his or her behalf, who has been adopted abroad by a U.S. citizen or is coming to the U.S. for adoption by a U.S. citizen, or

(6) A Child adopted who is under the age of 18 and the natural sibling of an orphan or adopted child under the age of 16, if adopted with or after the sibling. The child must alsootherwise fit the definition of orphan or adopted child

An unmarried "son or daughter" is a person who was once a "child" but who 'is now 21, years of age or older. A “married son or daughter" is a person who.ha9 a recognized parent-child relationship, but who is also married, regardless of age.

There is a three-step process for the child or son or daughter to become a legal immigrant.

1. The USCIS must approve an immigrant visa petition that the U.S. Citizen/LPR parent files for their child or son or daughter.

2. The State Department must then give the son or daughter an immigrant visa number, even if he / she is already in the United States. If the parent is a U.S. citizen and the child are both und 21 years of age and. unmarried, a visa number is not required.

3. If the child or son or daughter is outside the United States, he / she win be notified to go to the local U.S. consulate to complete the processing for immigrant Visa when one becomes available. If the child or son or daughter is legally in the U.S when an immigrant visa number becomes available (or if one is not required), he / she may apply to adjust status to that of a lawful permanent resident using Form I-485.

Filing the petition

1. A U.S. Citizen may file a petition for
(i) A child (unmarried and under 21 years of age)
(ii) An unmarried son or daughter (21 years of age or older)
(iii) A married son or daughter of any age

A U.S citizen's unmarried; minor- child is considered an immediate relative, does not need a visa number, and is eligible to receive an immigrant visa immediately. Otherwise, sons and daughters of U.S. citizens will be eligible for a visa when their priority date is listed on the Department of State's Visa Bulletin.

If the unmarried, minor child was admitted or paroled into the U.S., he / she may file Form I-485, at the time, when the parent files Form I-130, Petition on behalf of the unmarried, minor child for: Alien Relative.

A.If, a U.S citizen is applying to bring a child or son or daughter to the United States to live and she is the mother of the child, she must file the following with the U.S. Citizenship and Immigration Services on behalf of her child:

(1) Form I-130, (Petition for Alien Relative).

(2) A copy of the mother's birth certificate or U.S. passport

(3) If the mother was not born in the United States, a copy of either
(i) Her Certificate of Naturalization or Citizenship or
(ii) Her U.S. passport

(3) A copy of the child's birth certificate showing mother's name and the child's name.

(4) If anyone's name has been legally changed (if it differs from the name on his/her birth certificate), evidence of the name change must be submitted.

B. If the applicant being, a U.S citizen and the father or stepparent of the, child or son' or daughter, he / she must file the following with the U.S Citizenship and Immigration Services:

(1) Form I-130, (petition or Alien Relative).

(2) A copy of the father's birth certificate or us passport,

(3) If the father was not born in the US a copy of either
(i) His Certificate of Naturalization or Citizenship or
(ii) His U.S. passport.

(4) A copy of, the child's birth certificate showing the child's name and the names of both the parents.

(5) A copy of civil marriage certificate showing the names of both parents, or proof

that a parent / child relationship exists or existed (if applicant is petitioning for a stepchild, applicant's marriage to the child's parent must take place before. the stepchild's 18th birthday).

(6) A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by the applicant or his / her spouse.

(7) Fathers petitioning for a child born out of wedlock must provide evidence that a parent / child relationship exists or existed. For example the child's birth certificate displaying the- father's name, evidence showing that the father and child at some point lived together, or that the father held out the child as his own, or that he has made financial contributions in support of the child, or that in general his behavior evidenced genuine concern or and interest in the child, A blood test providing paternity may also be necessary.

(8) If any one'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.

C. If the applicant being a US citizen and the adoptive parent of a child or son or daughter who lived with him/ her in his/her legal custody for two years while a child, file the following with the U.S Citizenship and Immigration Services on behalf of the child or son or daughter.

(1) Form I-130, (petition for Alien Relative)

(2) A copy of that applicant's birth Certificate or U.S passport.

(3) If applicant was hot born in the U.S., a copy of either
(i) His / her Certificate of Naturalization or Citizenship or
(ii) His / her US passport:

(4) A copy of the child's birth certificate showing the child’s name

(5) A certified ropy of the adoption decree (the adoption must have taken place before the Child reached the age &if 16, with only one exception if the applicant adopted the child's sibling who had not yet reached age 16,tne older sibling must have been adopted before reaching the age of 18)

(6) The legal custody decree if the applicant obtained custody of the child before adoption.

(7) A statement showing the dates and places the child has lived with the applicant, and proof that the child has lived with the applicant and h8sbeeh in his / her legal custody for' at least two years.

(8) If any one's name has been legally chalanged (if it differs from the name on his / her birth certificate), evidence of the name change must be submitted.

2. A lawful permanent resident may file a petition for:

(1) A child (unmarried and under 21 years of age).

(2) An unmarried son or daughter (21 years of age or older).

A lawful permanent resident cannot file a petition for a married son or daughter.

If the applicant had children before he/ she became a permanent resident and did not immigrate as an immediate, relative of a U.S. citizen, his / her unmarried, minor children may be eligible, to receive following to join benefits (see below).

This means that the applicant does not have to submit a separate USCIS Form I-130. (Petition for Alien Relative) for his/her children and his / her children will not have to wait any extra time for, a visa number to become available. Otherwise, children of LPRs will be eligible for a visa when their priority date is listed on the Department of State Visa Bulletin.

A. If the applicant being a lawful permanent resident is applying to bring an unmarried, minor child or an unmarried son or daughter to the United States to live and the applicant is the mother of the child, she must file the f91lowing with the U.S. Citizenship and Immigration Services:

(1) Form I-130, (petition for Alien Relative).
(2) A copy of the mother's alien registration card.
(3) A copy of the child's birth certificate showing mother's name and the child's name.
(4) 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.

B. If the applicant being a lawful permanent resident and the father or stepparent of the child, he must file the following with the U.S Citizenship and Immigration Services on behalf of the child:

(1) Form I-130, (petition for Alien Relative).
(2) A copy of the father’s alien registration receipt card.
(3) A copy of the civil marriage certificate showing the child's name and the names of both the parents.
(4) A copy of civil certificate showing the names of both parents, and proof that a parent / child relationship exists or existed (if the petition is for a stepchild, father'1t marriage to the child's parent must take place before the stepchild's 18th birthday).
(5) A copy of any divorce decrees, death certificates, or annulment decreases that establish the termination of any previous marriages entered into by the father or his spouse.
(6) Fathers petitioning fox a child born out of wedlock must provide evidence that a parent / child relationship exists or existed. For example, the child’s birth certificate displaying the father's name, evidence shows that the father has made financial contributions in support of the child. A blood test proving paternity may be necessary;
(7) If anyone's name has been legally changed (nit differs from the name on his or her birth certificate), evidence of the name change must be submitted

C. If the applicant being a lawful permanent resident and the adoptive part of the child or unmarried son or daughter, he / she must file the following with the U.S Citizenship and Immigration Services on behalf of the child or son or daughter:
(1) Form I-130, (petition for Alien Relative).
(2) A copy of the applicant's alien registration receipt card.
(3) A copy of the child's birth certificate showing the child’s names.
(4) A certified copy of the adoption decree (The adoption must have been place before the child reached the age of, 16. One exception: if the applicant adopted the child's sibling who had not yet reached age 16, the older sibling must have been adopted before reaching the age of 18.).
(5) The legal custody decree if the applicant obtained custody of the child before adoption.
(6) A statement showing the dates and places the child has lived with the applicant, and proof that the child has lived with the applicant and has been in your legal custody for at least two years.
(7) If anyone 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.

Following to join Benefits

If the applicant had children before he / she became a lawful permanent resident, and the children did not physically accompany the applicant to the United States, and the applicant would now like his / her children to join him/her in the United States, the children may be eligible for following-to-join benefits. This means that the applicant does not have to submit a separate Form I-130, for the children, and the children will not have to wait any extra time for a visa number to become available. In this case, the applicant can simply notify a U.S. consulate that he / she is a lawful permanent resident so that the children can apply for immigrant visas. If, however, the applicant immigrated to the U.S. as an immediate relative of a U.S citizen who did not or could not petition for the applicant's children, the applicant will need to file a separate I-13.
Applicant's children may be eligible for following to join benefits

Have been legally adopted prior to the applicant's admission to the U.S., and otherwise qualify as an adopted child under the immigration law. The applicant immigrated on the basis of a fiance (e) petition.

(1) The applicant immigrated on the basis of a diversity immigrant application.
(2) The applicant immigrated on the basis of an employment based petition.
(3) The applicant immigrated on the basis of a petition filed by his / her brother or sister.
(4) The applicant immigrated on the basis of an immigrant petition filed by the applicant's U.S citizen parent(s) when the applicant was married or when the applicant was unmarried and over 21 years of age.
(5) The applicant immigrated on the basis of his/her relationship with the lawful permanent resident parents when he/ she was unmarried.

Also, for the applicant's child to be eligible for following to join benefits, he / she must:
(1) Be unmarried and
(2) Be under 21 years of age and
(3) Have been a child from a marriage of the applicant (the marriage must have existed at the time of the applicant's admission to the U.S) or
(4) Have been a stepchild from a marriage of the applicant (the marriage must have existed at the time of the applicant's admission to the U.S) or

If the applicant falls into one of the categories above, submit the following information to the U.s. Citizenship and Immigration Services:

(1) Form I-824, (Application for Action on an Approved Application or Petition).
(2) A copy of the original application or petition that the applicant used to apply for his / her immigrant status
(3) A copy of the I-797 (Notice of Action) for the applicant's original application or petition
(4) A copy of the alien registration receipt card or I-551.
(5) Proof that the child meets the appropriate criteria for Following to join Benefits

Note: Applicant should file the I-824 at the USCIS office that took the most recent action on his/her case.
If the I-824 is approved, the USCIS will notify a U.S consulate that the applicant is now a lawful permanent resident so that the children, of the applicant can apply for immigrant visas. Applicant must then ask his/her children to report to the local U.S. consulate to complete the processing.

To bring a sibling to live in the United States.

It's only U.S. Citizens who are permitted to bring their siblings to live permanently in the u.s.

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).

A. If the applicant being a U.S. citizen seeking permanent resident status for his/her brother or sister, having the same mother, applicant must file the following items with the U.S. Citizenship and Immigration Services on behalf of the brother or sister:

(1) Form I-130, (Petition for Alien Relative).
(2) A copy of the applicant's birth certificate showing his / her name and mother's name.
(3) If the applicant was not born in the United States, a copy of either
(i) The applicant's Certificate of Naturalization or Citizenship or
(ii) The applicant's U.S. passport
(4) A copy of the applicant's brother's or sister's birth certificate showing his / her name and applicant's mother's name
(5) If anyone's name has been legally changed (differs, from the name on his or her birth certificate), evidence of the name change must be submitted

B. If the applicant being a U.S. citizen seeking permanent resident status for his/her brother or sister, and having the same father but different mothers, applicant must file the following items with the U.S. Citizenship and Immigration Services on behalf of the brother or sister:

(1) Form I-130" (petition for Alien Relative).
(2) A copy of the applicant's birth certificate showing his / her name and. mother's name.
(3) If the applicant was not born in the United States, a copy of either
(i) The applicant's Certificate of Naturalization or Citizenship or
(ii) The applicant's U.S. passport
(4) A copy of the applicant's brother's or sister’s birth certificate showing his / her name and applicant's 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
(5) A copy of applicant's father's marriage certificate to each mother.
(6) A copy of any divorce decrees, death certificates, or annulment decrees showing that any previous marriages entered into by the parents or applicant's sibling's parents ended legally.

C. If the applicant being a U.S Citizen seeking permanent resident status for his / her brother or sister, and the applicant was and / or his / her brother or sister was born out of wedlock, and the applicant is related through his/her father and were legitimated, applicant must file the following with' the U.S. Citizenship and Immigration Services:

(1) Form I-130, (petition for Alien Relative).
(2) A copy of the applicant's birth certificate showing name.
(3) If the applicant was not born in the United States, a copy of
(i) His / her Certificate' of Naturalization or Citizenship or
(ii) His / her U.S. passport
(4) A copy of the applicant's brother's or sister's birth certificate showing his / her name.
(5) 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
(6) Evidence that the person who was born out of wedlock was legitimated before reaching the age of 18 and while unmarried through
(a) The marriage of that person's natural parents
(b) The laws of the applicant or his/her brother's or sister's country of residence or domicile, or
(c) The laws of the father's country of residence or domicile.

D. If the applicant being a U.S. citizen seeking permanent resident status for his / her brother or sister, and the applicant was and / or his / her brother or sister was born out of wedlock and not legitimated, and the applicant is related through his/her father, he / she must file the following with the US: Citizenship and Immigration Services

(1) Form I-130, (petition for Alien Relative).
(2) A copy of the applicant's birth certificate showing name.
(3) If the applicant was not born in the United States, a copy of
(i) His / her Certificate of Naturalization or Citizenship or
(ii) His / her U.S. passport.
(4) A copy of the applicant's brother's or sister's birth certificate showing his / her name.
(5) 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.
(6) Evidence that an emotional or financial bond existed between applicant's father and the child who was born out of wedlock (either the applicant or his / her brother or sister or both) before that child was married or reached the age of 21.

E.If the applicant being a U.S. citizen seeking permanent resident status for his / her stepbrother or stepsister, he / she must file the following items with the U.S. Citizenship and Immigration Services:

(1) Form I-130.
(2) Applicant's birth certificate showing His / her name and the common parent's name (if father married stepsibling's mother, applicant's father's name must be visible on the birth certificate; if his / her mother married the stepsibling's father, his / her mother's name must be visible on the birth certificate).
(3) If the applicant was not born in the United States, a copy of
(i) His / her Certificate of Naturalization or Citizenship or
(ii) His/her U.S. passport.
(4) A copy of the applicant's stepbrother's or stepsister's birth certificate showing his / her name and applicant's common 'parent's name (see above).
(5) If the stepsibling is or has been married, provide evidence of the marriage(s) in order to prove that the stepsibling was once a "child" of the stepparent.
(6) 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
(7) A copy of the civil marriage certificate of the natural mother to the applicant's natural father and the stepsibling's natural mother to his / her natural father.
(8) Proof that any previous marriages entered into by the applicant's and the applicant's stepsibling's father and mother ended legally (this could include copies of divorce decrees, death certificates, or annulment decrees).
(8) A copy of the civil marriage certificate between
(i) The applicant's father and stepmother or
(ii) The applicant's mother and stepfather, whichever is applicable.

F. If the applicant being a U.S. citizen seeking permanent resident status for his / her stepbrother or stepsister and the applicant was and / or his / her step sibling was born out of wedlock, and the applicant is related through his / her father, and the child born out of wedlock was legitimated, he / she must file the following items with the U.S. Citizenship and Immigration Services:

(1) Form I-130.
(2) Birth certificate showing name and applicant's father's name.
(3) If the applicant was not born in the United States, a copy of
(i) His / her Certificate of Naturalization or Citizenship or
(ii) His / her U.S. passport.
(4) A copy of the applicant's stepbrother's or stepsister's birth certificate showing his / her name and applicant's father's name.
(5) 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
(6) Evidence that the applicant was and / or his / her stepsibling was legitimated before reaching the age of 18 and while still unmarried through:
(a) The marriage of that person's natural parents.
(b) The laws of the applicant's or applicant's stepbrother's or stepsister's country of residence or domicile, or
(c) The laws of applicant's father's residence or domicile.

G. If the applicant being a U.S. citizen seeking permanent resident status for his / her stepbrother or stepsister and the applicant were and / or his / her step sibling was born out of wedlock and not legitimated, he / she must file the following items with the U.S. Citizenship and Immigration Services:

(1) Form I-130.
(2) Applicant's birth certificate showing his / her name and
the common parent's name (if the father married stepsibling's mother, applicant's father's name must be visible on the birth certificate; if his / her mother married his / her stepsibling's father, his / her mother's name must be visible on the birth certificate).
(3) If the applicant was not born in the United States, a copy of
(i) His / her Certificate of Naturalization or Citizenship, or
(ii) His / her U.S. passport.
(4)A copy of the applicant's stepbrother's or stepsister's birth certificate showing his / her name and the applicant's common parent's name (see above).
(5) 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.
(6) A copy of the marriage certificate between
(i) The applicant's father and his / her stepmother, or
(ii) The applicant's mother and his / her stepfather, whichever is applicable (the date of the marriage must be prior to the date on which the child who was born   out of wedlock reached the age of 18 or was married).
(7) Proof that any previous marriages entered into by applicant's or applicant's stepsibling's father or mother ended legally (this could include copies of divorce decrees, death certificates, or annulment decrees).
(8) Proof that a bona fide parent-child relationship existed between the applicant's common parent and the child who was born out of wedlock before that child reached the age of 21 or was married.

Note:
1. Depending on the relationship, the wait for an available sibling visa number may be several years. Prospective migrant/ applicant may refer to the Department of State's Visa Bulletin for current priority dates.

2. If either the applicant or his/her sibling were born out of wedlock (berth parents not being married at the time of birth) applicant must provide evidence that he / she took necessary actions to satisfy the legitimation law of the birth country of the person born out of wedlock while the individual was under 18 years of age and unmarried. Legitimation law requires father to acknowledge their children.

Procedure for Adopting a Child from India

There are two ways to start this three stage process: the first is the I-600 petition process. The second is the I-600A petition process.

I-600 - Petition To Classify Orphan As An Alien Relative:

In this method an American citizen will contact an orphanage in India, which will select child according to his/her preference.

Once an orphan is selected, the Indian adoption agency will apply for guardianship of the orphan on behalf of American petitioner and act as child's attorney.

Once the guardianship order has been obtained, the prospective parent will file an I-600petitionat the US Citizenship & Immigration Services office nearest to the applicant's residence.

After approval of the petition the US. Citizenship & Immigration Services office sends the approval to appropriate Consulate or Embassy.

On receipt of the approval the Consulate / Embassy notifies the Indian adoption agency, which will start visa application process for the child, with the Indian passport of the child.

I-600a - Application for Advance Processing of Orphan Petition:

In this method an American citizen will first file a I-600A (Application for Advance Processing of Orphan Petition) at the Bureau of Citizenship it Immigration Services office in US.

Upon approval, petitioner may travel to India, select a child, file a formal I-600 petition at US Citizenship & Immigration Services office at the American Embassy in New Delhi and apply for the child's immigrant visa.

Documents required while filing I-600 Or I-600a:

The petitioner must submit the following documents when filing a petition at the Bureau of Citizenship & Immigration Services office.

(1) Evidence of U.S citizenship of petitioner (U.S passport or naturalization certificate).
(2) Marriage proof, if married.
(3) Proof showing termination of previous marriage, if divorced or widowed.
(4) Birth Proof of the child (in case birth certificate is not available a final Guardianship order giving date of birth and an affidavit / certificate executed by representative of local adoption agency is also acceptable).
(5) Proof of abandonment of child, should be available in the form of Court order. Evidence showing the surviving parent (if any).
(6) Home study completed by government agency of the petitioner's state; or by private adoption agency authorized by state government agency;
(7) Fingerprint cards submitted by the petitioner and the spouse (if married).

Pre-Adoption Requirements -Home-Study

Home-study is most important as a pre-adoption requirement in almost all states of US, although there are other requirements as well.

Home-study is to be submitted with a statement recommending and approving adoption or proposed adoption, signed by an official of responsible government agency in the state of the child's proposed residence; or by an official of private adoption agency licensed with the state adoption agency; or in some cases, an appropriate public or private agency overseas which is licensed with the U.S. state adoption agency of the concerned state.