9 FAM 102.8
Family-based relationships
(CT:VISA-863; 06-17-2019)
(Office of origin: CA/VO/L/R)
9 FAM 102.8-1 Marital
Relationship
9 FAM 102.8-1(A) What Qualifies
as a Marriage?
(CT:VISA-367; 05-26-2017)
The term marriage is not specifically defined in the
INA; however, the meaning of marriage can be inferred from INA 101(a)(35),
which defines the term spouse. Relationships entered into for purposes of
evading immigration laws of the United States are not valid for visa
adjudication purposes.
9 FAM 102.8-1(B) Validity of
Marriage
(CT:VISA-863; 06-17-2019)
a. Law of Place of Celebration
Controls: The underlying principle in determining the validity of the
marriage is that the law of the place of marriage celebration controls (except
as otherwise noted below). If the marriage was properly and legally performed
in the place of celebration and legally recognized, then the marriage is deemed
to be valid for visa adjudication purposes. Any prior marriage, of either
party, must be legally terminated before the later marriage.
b. Void for Public Policy: Certain
marriages that are legal in the place of celebration, but are void under state
law as contrary to public policy, are not valid for visa adjudication
purposes.
(1) Polygamous Marriages: Polygamous
marriages are not recognized as a matter of federal public policy. See Matter
of H-, 9 I&N Dec. 640 (BIA 1962). Any prior marriage, of either party,
must be legally terminated before the later marriage.
(2) Marriage Between Relatives: Certain
marriages between relatives may be void because of public policy concerns even
if the place of celebration recognizes the marriage.
(a) A marriage void under state law, such as a relative
marriage, may nevertheless be recognized as valid by the state of intended
immigration.
(b) The legal thresholds vary state by state. For
example, first cousins may not marry in Michigan and such marriages in Michigan
are considered void from their inception (M.C.L.A. 551.3 (2010)). A 1973
ruling of the Michigan Supreme Court, however, found a marriage between
first-degree cousins married in Hungary was
nevertheless valid. See Toth v. Toth, 50 Mich. App 150, 212 N.W.2d 812
(1973).
(c) In any case where you suspect that a marriage may
not be valid for visa adjudication purposes because the parties are biological
relations such as siblings, uncle-niece, or first cousins you may request an
advisory opinion (AO) from the Advisory Opinions Division (CA/VO/L/A).
(3) Minor Marriage: Certain underage marriages involving an individual
under the age of 18 may be void because of public policy concerns even if the
place of celebration recognizes the marriage as valid.
(a) Legal thresholds for
underage marriage vary state by state. Some states may recognize a
marriage performed in another jurisdiction even if state law would not allow
the parties to enter into a marriage in that state, while other states would
not recognize such a marriage because it violates the public policy of the
state. In any case where you suspect that a marriage may not be valid in the
state where the applicant intends to reside because one or both of the parties
are underage or were potentially underage at the time of marriage, you should
request an AO from CA/VO/L/A.
(b) Legal thresholds for
sexual consent also vary state by state. If you find that the applicant
intends to reside in a state where the marital relationship will likely result
in the commission of unlawful activity (i.e., statutory rape where there is no
exception for marriage), you should request an AO from CA/VO/L/A to determine
if the visa should be refused under INA 212(a)(3)(A)(ii) based on intent to
engage in unlawful activity.
(c) In the context of immigrant
visa processing, a minor can successfully petition for a spouse. However,
family-based immigrant visas require that the petitioner submit an I-864,
Affidavit of Support. INA 213A(f)(1)(B) requires that a petitioner
must be at least 18 years of age to qualify as a sponsor on an
I-864. In any case involving a spousal petitioner who is under the
age of 18, officers should refuse the visa application under INA 212(a)(4)(A),
using refusal code 4A, as a public charge as the petitioner cannot properly
submit the required I-864. While a joint sponsor may be used in cases in
which the petitioner does not meet the income requirement found at INA
213(f)(1)(E), the age requirement cannot be overcome with a joint
sponsor. If the petitioner later reaches age 18 and meets all other
requirements, the ineligibility can be overcome. If the petitioner will turn
18 within a year after the initial adjudication, then no additional fee or
application is required. If the petitioner will turn 18 more than a year
after the initial adjudication, then a new fee and visa application would be
required. See 9 FAM 504.11-4.
(d) If the petitioner or
beneficiary indicates to you that s/he is being forced to marry against his/her
will, you should reach out to the VO/F post liaison for guidance. The
Visa Office works closely with USCIS on cases involving allegations of forced
marriage, and can provide case-by-case guidance to post while working to
protect the confidentiality of the party that disclosed the forced marriage.
In instances where the adjudicating officer believes the underage applicant is
being married against his/her will, you should conduct a more in-depth
interview with the applicant, preferably in a privacy window. You should
obtain a statement from the applicant detailing the circumstances of the
marriage and his/her intention and willingness to enter into the
marriage. Regardless of the desires of the applicant, if you suspect
forced marriage you should send an AO to CA/VO/L/A for confirmation of the legality
of the marriage and potential return of the petition to USCIS on that
basis. If a forced marriage case results in a consular return, and if the
applicant or beneficiary inquires, you must only communicate that the petition
has been returned to USCIS.
9 FAM 102.8-1(C) Process of
Determining the Validity of Marriage
(CT:VISA-367; 05-26-2017)
a. Role of the Department of
Homeland Security: In some situations, Department of
Homeland Security/United States Citizenship and Immigration Services
(DHS/USCIS) will have determined the validity of a marriage in the petition
approval context.
(1) Under INA 204, the USCIS has the responsibility for determining whether
an alien is entitled to immediate relative (IR) or preference status by reason
of the aliens relationship to a U.S. citizen or permanent resident alien. If
USCIS approves a petition with the
knowledge that the parties concerned are related to each other such as uncle
and niece or as first cousins, you should accept such determination and not
attempt to reach an independent conclusion (see 9 FAM
504.2-8(B)(2)).
(2) In cases where DHS/USCIS has approved a petition involving a marriage
between relatives, and you question its validity, but do not believe it
necessary to return the petition directly to DHS/USCIS pursuant to 22 CFR 42.43, you should refer any
questions concerning the validity of the petition for an AO to CA/VO/L/A.
b. Role of the Consular Office: In
other cases, such as derivative nonimmigrant classifications (for example, F-2,
A-2, H-4) and consular approval of a visa petition under 9 FAM 504.2,
you are responsible for determining the validity of the marriage. Where you
are faced with determining the validity of a marriage between relatives for
consular approval of a petition, the case must be considered not clearly
approvable and submitted to USCIS for
approval. (See 9 FAM 504.2.)
9 FAM 102.8-1(D) Proxy
Marriages
(CT:VISA-515; 03-15-2018)
A marriage where one or both parties was not present
(proxy marriage) is not valid unless the marriage was consummated.
(1) Consummated: For the
purpose of issuing an immigrant visa to a spouse, a proxy marriage that has
been subsequently consummated is deemed to have been valid as of the date of
the proxy ceremony. A proxy marriage consummated prior to the proxy ceremony
cannot be considered a valid marriage for visa adjudication purposes unless it
has been consummated subsequently.
(2) Unconsummated: A proxy
marriage that has not been subsequently consummated does not create or confer
the status of spouse pursuant to INA 101(a)(35).
A party to an unconsummated proxy marriage may be processed as a
nonimmigrant fianc(e). A proxy marriage celebrated in a jurisdiction
recognizing such marriage is generally considered to be valid; thus, an actual
marriage in the United States is not necessary if such alien is admitted to the
United States under INA provisions other than as a spouse. (See 9 FAM 502.7-5 for additional information on fianc
classifications.)
9 FAM 102.8-1(E) Same-Sex
Marriages
(CT:VISA-367; 05-26-2017)
Same-sex marriage is valid for visa adjudication purposes,
as long as the marriage is recognized in the place of celebration, whether
entered into in the United States or a foreign country. The same-sex marriage
is valid even if the applicant is applying in a country in which same-sex
marriage is illegal.
9 FAM 102.8-1(F) Common Law
Marriage
(CT:VISA-863; 06-17-2019)
In the absence of a marriage certificate, an official
verification, or a legal brief verifying full marital rights, a common law
marriage or cohabitation is considered to be a valid marriage for purposes of
visa adjudication only if it is legally
recognized in the place in which the relationship was created and is fully
equivalent in every respect to a traditional marriage. To be "fully
equivalent", the relationship must bestow all of the same legal rights and
duties possessed by partners in a lawfully contracted marriage, including that:
(1) The
relationship can only be terminated by divorce or death;
(2) There is a
potential right to alimony;
(3) There is a
right to intestate distribution of an estate; and
(4) There is a
right of custody, if there are children.
9 FAM 102.8-1(G) Civil Unions
and Domestic Partnerships
(CT:VISA-863; 06-17-2019)
Similar to common law
marriages, a civil union or domestic partnership only qualifies as a "valid" marriage for visa adjudication
purposes if the place of celebration recognizes the status as equal in all
respects to a marriage. See 9 FAM
102.8-1(F) above.
9 FAM 102.8-1(H) Transgender
Marriages
(CT:VISA-367; 05-26-2017)
For visa adjudication purposes, a marriage involving
transgender persons is valid if the place of celebration where the marriage
took place recognizes the marriage as valid, subject to the exceptions
described above (such as polygamy).
9 FAM 102.8-1(I) Legal
Separations and Marriage Termination
(CT:VISA-515; 03-15-2018)
a. An alien is deemed a "spouse" for visa
adjudication purposes, even though the parties to the marriage have ceased
cohabiting, as long as such marriage was not contracted solely to qualify for
immigration benefits. If the parties are legally separated, i.e., by written
agreement recognized by a court or by court order, the alien no longer
qualifies as a spouse for visa adjudication purposes even though the couple
has not obtained a final divorce.
b. If an individuals prior marriage has been
terminated by a separation that is not recognized by the state in which he or
she resides, the individual must first obtain a divorce from the prior spouse
in order to qualify for an immigrant visa.
9 FAM 102.8-2 Parent-Child
Relationships
9 FAM 102.8-2(A) Who Qualifies
as a Child?
(CT:VISA-367; 05-26-2017)
Consistent with INA 101(b)(1) the term child generally
refers to an unmarried person under 21 years of age.
9 FAM 102.8-2(B) Categories of
Child
(CT:VISA-515; 03-15-2018)
a. Categories of Child: INA
101(b)(1) lists seven categories of the term child:
(1) Child Born In Wedlock;
(2) Child Born Out of Wedlock;
(3) Legitimated Child;
(4) Stepchild;
(5) Adopted Child;
(6) Orphan; and
(7) Convention Adoptee.
b. Genetic Connection:
(1) Previously, the term "child" as used at
INA 101(b)(1) was interpreted to require a genetic connection between the child
and the parent.
(2) However, such an interpretation did not adequately
account for advances in assisted reproductive technology (ART).
(3) Consequently, birth mothers (also referred to as
gestational mothers) who are also the legal parent of the child are to be
treated the same as genetic mothers for the purpose of qualifying for
immigration benefits.
(4) This policy is retroactive. If you encounter a
case in which the child born abroad to a gestational and legal mother was
previously denied an immigration benefit under prior interpretation, the child
potentially would be eligible for an immigration benefit upon the submission of
a new application accompanied by appropriate fees and sufficient evidence that
he or she meets all relevant statutory and regulatory requirements. (See 9 FAM 502.2;
9 FAM
502.1-1(C)(2).)
9 FAM 102.8-2(C) Children Born
in Wedlock
(CT:VISA-515; 03-15-2018)
a. A child born to a married couple qualifies as the
child born in wedlock of both individuals under INA 101(b)(1)(A). Therefore,
children born out of wedlock who are deemed legitimate by virtue of host
country law would not qualify for child status under INA 101(b)(1)(A),
although they most probably would qualify for such status under INA
101(b)(1)(C) or INA 101(b)(1)(D), depending on the terms of the local law and
the facts of the case.
b. INA Section 101(b) treats a child as being born
"in wedlock" under INA Section 101(b)(1)(A) when the genetic and/or
gestational parents are legally married to each other at the time of the
child's birth and both parents are the legal parents of the child at the time
and place of birth. (See 9 FAM 502.2,
9 FAM
502.1-1(C)(2).)
9 FAM 102.8-2(D) Children Born
Out of Wedlock
(CT:VISA-367; 05-26-2017)
a. Child Through the Mother Under INA
101(b)(1)(D):
(1) A child born out of wedlock is the child of
the natural mother under INA 101(b)(1)(D). The natural mothers name on the
childs birth certificate may be taken as proof of such relationship.
(2) The term "natural mother" in INA
101(b)(1)(D) includes a gestational mother who is the legal mother of a child
at the time and place of birth, as well as genetic mother who is a legal mother
of the child at the time and place of birth.
b. Child Through the Father Under INA
101(b)(1)(D):
(1) A child born out of wedlock is a child of the
natural father under INA 101(b)(1)(D), provided the father has or had a bona fide
parent-child relationship with the child. While an ongoing father-child
relationship is not required to establish a bona fide parent or child
relationship, you must ascertain whether a genuine parent or child
relationship, not merely a tie by blood, exists or has existed at some point
prior to the offsprings 21st birthday and while the offspring is or
was unmarried.
(2) While each case must be determined based on the
facts presented, you must be satisfied that the facts demonstrate the existence
of a bona fide parent or child relationship before the child's 21st
birthday. For instance, although not necessary, the moral or emotional
behavior of the father or child toward each other, which reflects the existence
of such a relationship, may constitute favorable evidence of the relationship,
just as cohabitation may be another element of evidence of such relationship.
(3) Proof of present or former familial relationship
may include the:
(a) Fathers acknowledgment within the community that
the child is his own;
(b) Fathers support for the childs needs; and
(c) Fathers active concern for child support,
instruction, and general welfare, and interest in the child.
9 FAM 102.8-2(E) Legitimated
Child
(CT:VISA-396; 07-14-2017)
a. In order for a child to qualify under INA
101(b)(1)(C), a legitimated child must meet the following criteria:
(1) The child must be legitimated under the law of the
childs residence/domicile or under the law of the fathers residence/domicile;
(2) The father must establish that he is the childs
natural father;
(3) The legitimation takes place before the child
reaches the age of 18 years; and
(4) The child is in the legal custody of the
legitimating parent or parents at the time of such legitimation. (For adoption
purposes, legal custody may be granted prior to the issuance of a decree.)
(See 9
FAM 502.3-2(B) and 9 FAM 502.3-6.)
b. Please note that a gestational mother who is also
the legal mother of the child is to be treated the same as a genetic mother.
Thus, the out-of-wedlock child of gestational mother who is also the legal
mother of the child, where such child has been legitimated by the father
pursuant to the requirements above, would meet the definition of a "child
legitimated" in INA 101(b)(1)(C). (See paragraph b of 9 FAM
102.8-2(B) above.)
9 FAM 102.8-2(F) Stepchild
(CT:VISA-515; 03-15-2018)
a. Creation of Step-Child
Relationship:
(1) The provisions of INA 101(b)(1)(B) provide for the
creation of a step-relationship between the natural offspring (whether or not
born out of wedlock) of a parent and that parents spouse. Such step
relationship is created as a result of the marriage of the offsprings natural
parent, which includes birth (gestational) mothers, to a spouse and must be
based on a marriage that is or was valid for all purposes, including
immigration purposes. The offspring must be or have been under the age of 18
at the time the marriage takes place in order to acquire the benefits as a
child under INA 101(b)(1)(B). No previous meeting of the offspring and the new
parent is required. If the marriage between the natural parent and stepparent
is still in effect (i.e., the parties of the marriage have not been legally
separated, or the marriage has not been terminated by divorce or by death of
the natural parent), there is no requirement that an emotional relationship
exist between the stepchild and stepparent.
(2) INA 101(b)(1)(B) makes no distinction between
children born in wedlock and those born out of wedlock in respect to
stepparent/stepchild relationship. All that is required is that the child be
under the age of 18 at the time the marriage creating the status of stepchild
occurred. A stepparent/stepchild relationship can also be established for
children who were born subsequent to the marriage between the natural parent
and the stepparent. For example, a child who is born as a result of an out of
wedlock relationship between a married man and another woman would qualify as
the stepchild of the married mans wife, since the child was under 18 when the
marriage between the natural parent and the stepparent occurred.
b. Stepparent/Stepchild Relationships
After Termination of Marriage:
(1) A stepchild who has met the requirements to
qualify as a child of the stepparent under INA 101(b)(1)(B) may continue to
be entitled to immigration benefits from such marriage, even though the
relationship between the natural parent and the stepparent has been terminated
by divorce or by the death of the natural parent, provided the marriage was a
valid marriage and the family relationship continues to exist as a matter of
fact between the stepparent and stepchild.
(2) The fact that the stepparent petitioner is willing
to provide the required Form I-864, Affidavit of Support Under Section 213A of
the Act is not by itself sufficient evidence that the family relationship
continues to exist between the stepparent and the stepchild. There must be
evidence of some form of contact (e.g., letters, electronic mail, telephone
calls, etc.), though it is not necessary that the stepparent and stepchild have
met in person.
c. Stepparent/Stepchild Relationship
and Immigrant Status: A stepparent or stepchild may confer or derive
immigrant status even when parties to a marriage creating the
stepparent/stepchild relationship have legally separated or divorced provided
the family relationship has continued to exist between the stepparent and
stepchild.
d. Stepchild Determination in Orphan
Cases: Generally, to qualify as a stepchild under the INA, the marriage
creating the stepchild status must have occurred before the stepchild's 18th
birthday. USCIS, however, has adopted a narrow interpretation of
"stepchild" under INA 101(b)(1)(B) solely for determining whether a
child is an "orphan" as the child of a sole or surviving parent. Under
this interpretation, a sole or surviving parents new spouse must have a legal
parent-child relationship with the child in order for the child no longer to be
considered the child of a sole or surviving parent.
(1) A sole or surviving parent who has married will
still be considered, in determining whether a child is an orphan, the child's
sole or surviving parent if the petitioner establishes that the sole or
surviving parents new spouse has no legal parent-child relationship to the
child under the law of the foreign sending country. (See 9 FAM 502.3-6 for a definition of "sole or surviving
parent".)
(2) To establish a legal parent-child relationship:
(a) The stepparent must have adopted the child; or
(b) The stepparent must have obtained legal custody of
the child; or
(c) Under the law of the foreign sending country, the
marriage between the parent and stepparent must have created a parent-child
relationship between the stepparent and the child.
(3) If you are unsure of the legal status of the
relationship between a stepparent and a child, contact CA/VO/L/A.
9 FAM 102.8-2(G) Adopted Child
(CT:VISA-367; 05-26-2017)
a. Under INA 101(b)(1)(E), an alien is defined as a
child (adopted child), if the child:
(1) Was legally adopted while under the age of 16 (or
under the age of 18, if this is the sibling of a child adopted under 16 who
meets the requirements of INA 101(b)(1)(E)); and
(2) Has been in the legal custody of, and resided
with, the adopting parent(s) for at least two years, provided that no natural
parent of any such adopted child must thereafter, by virtue of such parentage,
be accorded any right, privilege or status.
b. See 9 FAM
502.3-2(B) for additional information on the immigrant visa IR-2 adopted
child classification.
9 FAM 102.8-2(H) Orphan
(CT:VISA-396; 07-14-2017)
a. There are three key elements in the orphan
definition:
(1) The child is under the age of 16 at the time a
petition is filed on his or her behalf (or under the age of 18 if adopted or to
be adopted together with a natural sibling under the age of 16) and is
unmarried and under the age of 21 at the time of petition and visa
adjudication;
(2) The child has been or will be adopted by a married
U.S. citizen and spouse, or by an unmarried U.S. citizen at least 25 years of
age; and
(3) The child is an orphan because either:
(a) The child has no parents because of the death or
disappearance, abandonment or desertion by, or separation from or loss of both
parents; or
(b) The childs sole or surviving parent is incapable of
providing proper care and has, in writing, irrevocably released the child for
emigration and adoption.
(c) See 9 FAM 502.3-6 for definitions of "custody,"
"desertion," "incapable of providing proper care,"
"loss," "separation," "sole parent," and
"surviving parent."
b. See 9 FAM
502.3-3(B) for additional information on the orphan classification.
9 FAM 102.8-2(I) Convention
Adoptee
(CT:VISA-396; 07-14-2017)
a. There are five key elements to the Convention
adoptee definition under INA 101(b)(1)(G). All of the following must be true
for a child to be eligible for the Convention adoptee classification:
(1) The child is under the age of 16 at the time a
petition is filed on his or her behalf (taking into account special rules on
filing dates for children aged 15-16), is unmarried, and is habitually resident
in a country that has a treaty relationship with the United States under the
Convention;
(2) The child has been adopted or will be adopted by a
married U.S. citizen and spouse jointly, or by an unmarried U.S. citizen at
least 25 years of age, habitually resident in the United States, whom USCIS has
found suitable and eligible to adopt, with the intent of creating a legal
parent-child relationship;
(3) The childs birth parents (or parent if the child
has a sole or surviving parent), or other legal custodian, individuals, or
entities whose consent is necessary for adoption, freely gave their written
irrevocable consent to the termination of their legal relationship with the
child and to the childs emigration and adoption (See 9 FAM 502.3-6 for definitions of "birth parent,"
"legal custody," "sole parent," "surviving
parent," and "written irrevocable consent.");
(4) If the child has two living birth parents who were
the last legal custodian who signed the irrevocable consent to adoption, they
are determined to be incapable of providing proper care for the child;
(5) The child has been adopted or will be adopted in
the United States or in the Convention country in accordance with the rules and
procedures elaborated in the Hague Convention and the Intercountry Adoption Act
of 2000, including that accredited or approved adoption service providers (see 9 FAM 502.3-6)
were used where required, and there is no indication of improper inducement,
fraud or misrepresentation, or prohibited contact associated with the case.
b. See 9 FAM
502.3-4(B) for additional information on the Convention adoptee
classification.
9 FAM 102.8-2(J) Parent
(CT:VISA-367; 05-26-2017)
The term parent, father, or mother means a parent,
father, or mother only where the relationship exists by reason of any of the
circumstances listed in INA 101(b)(2), except for certain cases under INA
101(b)(1)(F), as noted in 9 FAM
502.3-3(B)(5). Parent, father, and mother, as defined in INA 101(b)(2),
are terms which are not changed in meaning if the child becomes 21 years of age
or marries. In the context of Parent in Convention adoption cases see 9 FAM
502.3-4(C)(4).
9 FAM 102.8-2(K) Son or
Daughter
(CT:VISA-515; 03-15-2018)
a. The INA defines son or daughter as someone who
has at any time met the definition of child in INA 101(b)(1). It includes only
a person who would have qualified as a child under INA 101(b)(1) if the
person were under 21 and unmarried.
(1) Illegitimate Child of Mother:
An alien, who was born out of wedlock and is the son or daughter of a U.S.
citizen or Lawful Permanent Resident (LPR) mother is a son or daughter
within the meaning of INA 203(a)(1) if the conditions of INA 101(b)(1)(C)
(legitimation while in the mothers custody before reaching the age of 18) were
met.
(2) Illegitimate Child of Father:
An alien who was born out of wedlock and is the son or daughter of a U.S.
citizen or LPR father is a son or daughter within the meaning of INA
203(a)(1) if the conditions of INA 101(b)(1)(C) (legitimation while in the
fathers custody before reaching the age of 18) or INA 101(b)(1)(D) (the father
had a bona fide parent or child relationship prior to childs 21st birthday)
were met.
(3) Stepson or Stepdaughter:
A stepson or stepdaughter is a son or daughter provided that the stepchild
had not reached the age of 18 at the time the relationship was established.
b. See 9 FAM 502.2-3
for information on IV classification as the son or daughter of a U.S. citizen
or LPR.
9 FAM 102.8-3 Sibling
Relationships
9 FAM 102.8-3(A) Who Qualifies
as a Sibling?
(CT:VISA-367; 05-26-2017)
a. Siblings who meet the definition under the INA
101(b)(1) of a child of at least one common parent, are brothers or sisters
within the meaning of INA 203(a)(4) and are eligible for preference under that
provision. Siblings by virtue of a relationship that does not meet the
criteria in INA 101(b)(1), such as stepsiblings based on a marriage that
occurred after one of the siblings reached 18 years, are not siblings for the
purposes of INA 203(a)(4).
b. See 9 FAM 502.2-3
for additional information on family preference IV classification for brothers
and sisters of U.S. citizens.
9 FAM 102.8-3(B) Siblings with
the Same Mother
(CT:VISA-367; 05-26-2017)
Brothers or sisters who have the same mother but different
fathers, including those born out of wedlock and not legitimated, are
brothers or sisters within the meaning of INA 203(a)(4) and are eligible
for preference status under this provision.
9 FAM 102.8-3(C) Siblings with
the Same Father
(CT:VISA-367; 05-26-2017)
Brothers or sisters of half-blood who have the same father
but different mothers are eligible for preference under INA 203(a)(4) if both
siblings qualified as a child under INA 101(b)(1).
9 FAM 102.8-3(D) Stepsiblings
(CT:VISA-367; 05-26-2017)
A stepbrother or stepsister is a "brother" or
"sister" within the meaning of INA 203(a)(4) only if both parties
were under the age of 18 when the relationship was established.
9 FAM 102.8-3(E) Adoptive
Siblings
(CT:VISA-367; 05-26-2017)
An adoptive brother or sister of a U.S. citizen, who is at
least 21 years of age, is eligible for preference status under INA 203(a)(4) if
the adoptive sibling qualifies under INA 101(b)(1)(E).