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  1. #1
    Join Date
    Aug 2011
    Posts
    2

    Default Re-Petitioning for Sibling

    I am a US citizen and I filed an I-130 for my brother who is a Canadian citizen. The petition was rejected stating that they could not establish the same parent for both of us. The problem was that our father's name is long and is misspelled on both of our birth certificates which caused them to reject the petition and my mother's name is missing from one of our birth certificates. I then filed an appeal with the Board of Immigration Appeals including several educational documents/certificates as evidence of sibling relationship as these documents had our father's name spelled correctly but the appeal was denied about a month ago. My brother and I are working to get our birth certificates corrected. My questions are:
    1)After we fix our birth certificates, can we reappeal again for the same case or do we start a new I-130 process?
    2)If we have to start over again with a new I-130, do we have to wait for a certain time period from when the last appeal was rejected or can we file a new petition right away?
    3) Can we submit DNA testing results to proof our relationship as primary or secondary evidence?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Re-Petitioning for Sibling

    You can try moving to reopen the I-130 case. If you don't succeed in that effort you would have to start over. But I personally would try to appeal to preserve the original priority date.

    Nothing you have shared would suggest that there would be a waiting period.

    Your DNA tests don't establish a legal relationship - and that's what interests the USCIS..

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