My father is deceased, can my mother file for my half brother?

[K.S. 0]

My father has been deceased for over 15+ years prior to his death my father had a son out of wedlock, but my parents remained married and did not separate. We meet my little brother (he was 4 years old at the time) after my father's death and have been apart of his life since. We did not think it would be possible to apply for him since my father is no longer alive and we never took the time to research and find out until now. Can someone please tell me can my mother file the I130 for him?

[Merrytooth 5,748]

Read here

http://www.uscis.gov/family/family-us-citizens/siblings/bringing-siblings-live-united-states-permanent-residents

[K.S. 0]

Read here

http://www.uscis.gov/family/family-us-citizens/siblings/bringing-siblings-live-united-states-permanent-residents

Thanks he is my paternal half-sibling. If I apply the wait is over 10 years, currently people have been waiting for visas since 2002. It will be best for my mother to apply for him.

[aleful 1,905]

hi

no she cannot because he is not blood related to her, he is your half sibling on your father's side

he has nothing to do with your mom, she would have to be his birth mom and be on his birth certificate

the problem is that your father is deceased. if they were to ask for dna apart from the birth certificate, there is no way that he could do that

do you both have a birth certificate where your father appears, was your father in your half sibling's life?

because not only there has to be a birth certificate issued, but a relationship has to be established between the petitioner and the beneficiary

[K.S. 0]

He is my paternal half-sibling from my father's side, I just contacted USCIS and was advised that my mother can file the I130 just as long as she was married to my father before my brother turned 21 years of age and we have been very invloved in his life. They were married before he was born. I will contact Catholic Charities Legal Services, Archdiocese of Miami, they provide pro bono or low-cost immigration services to eligible families and individuals. I will get a second opinion before having my mom start the application process because if it's only going to be denied why lose $420.