Asked in Immigration Law for Illinois

Q: Hi, my brother applied or F4 (Brother & Sister of US Citizens), I received intimation from NVC to deposit fee, COS and

to follow rest of the process. He refuses to go forward with the petition and don't want to deposit fee and sign COS. How can I proceed with my case ?.

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: In the context of an F4 visa category (Brother & Sister of US Citizens), the involvement and cooperation of the beneficiary, in this case, your brother, is essential. If he refuses to move forward with the petition, there is no way for you to independently proceed with the case on his behalf. The F4 visa process requires active participation from the beneficiary, including paying fees, submitting required documents, and signing the Consular Office Statement (COS).

Since your brother is not willing to participate, the process cannot continue. If the situation changes and he decides to proceed, you can then pick up the process where it was left off. However, as long as he remains unwilling, the petition cannot be finalized.

If you are looking to bring another family member to the United States, you may need to consider other categories of family-based immigration that you may be eligible to apply for. Each category has its specific requirements and procedures. You might want to consult with an immigration attorney to explore other options and understand the best course of action based on your individual circumstances and immigration goals.

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