Is it possible to sponsor my nephew for a green card if he is under my custody?

Question

I have a 17 year old nephew that has been living with me for 5 years. Could I get him legal status if I am a U.S. Citizen?

Answer 1

Please consult an immigration attorney and do not rely on the answers give in a forum such as this where the majority of people are simply guessing at an answer.

Simply because your nephew has been living with you for the past 5 years and is a minor does NOT allow for you to petition for him to get a green card.

There are very specific classifications for family members to petition for other family members, and uncles cannot directly petition for nephews -- no classification exists.

There is a classification for siblings of US citizens, so the responder who said you could petition for your nephew's parent was correct -- EXCEPT the current waiting time on a visa in that category is over 10 years, and more if the person is from India, Philippines, Mexico or China. For Filipinos, I believe the current waiting period is nearing 30 years!

So, if your nephew is from a country where the waiting period is Only 10 years, this is what this means:

You would petition for your sibling (parent of your nephew).
You would receive an approval notice with a "priority date."
Then you would have to wait.
By the time 10 years pass, your nephew would be late 20s.
And, because he would be over 21 years of age, he would have "aged-out" - this means, he would be TOO old to immigrate with his parents.

This means, that then his parents, once they got their own green cards would have to file their own petition for their son (your nephew) which currently have waiting period of 6-8 years. And, green card holders can only petition for unmarried sons/daughters. If your nephew happens to marry during the passage of time, he becomes disqualified from immigrating. There is no category for married children of green card holders.

So, then your sibling would have to become a US citizen (waiting time would be 5 years to apply for the date they got their green card), and they could petition for him as a married son of a US citizen, and again that waiting time would be about 3-5 years.

So, if all goes well, the soonest your nephew could get his own green card would be:

Remains unmarried: 10 years from now until his parents get their green cards, another 6-8 years until his parents can immigrate him: he'd be looking at a total of 18 years - making him in his mid-30s until he could immigrate. And, no legally he could not continue to reside in the U.S. (And if he chose to remain in the US unlawfully after his 18th birthday), & accumulates 1 year here illegally, he would be barred from re-entering the US (even legally) for 10 years.

Marries in the interim: 10 years until his parents get their green cards, 5 more years until they become citizens, 3-5 years until he can immigrate as the married son of US citizen: total: 20 years. He would be in his late 30s. (And, again he cannot remain legally here waiting, and if he stays after his 18th birthday and accumulates 1 year of unlawful presence, he would be barred from entering the US for 10 years).

Your nephew is too old for you to go through the process of adopting him. And to adopt, his parents would have to renounce their parental rights and in some way be unable to provide for him.

Please pay and go see an immigration attorney. Most consultations will not run over $120 for 1 hour. Money well spent so you and your nephew hear about the options from a knowledgeable source. Good luck.

Answer 2

No. As an employer, she doesn't have the education or experience to qualify for a employment visa, and you cannot guarantee her work for a long-enough period of time. Remember, you are on the hook for her support for about 10 years! And a nanny does not meet immigration requirements, either. If she is not legally present and/or not legally working, she must return to her own country. There is no way to legalize an illegal alien now. If she is here on a current visa, some types of visas are not eligible for a change in status. If she were here on an H1-b visa, it would be different, but she obviously could not be here on H1-b because that requires a minimum university degree plus 2 years experience in her field prior to applying for H1-b. If you are like many families hiring an illegal alien for your nanny, if you try to get her a green card, her status and your employment of her are both exposed. She gets deported and you get fined $10,000 for hiring an illegal alien. Bottom line: she does not qualify for any type of work permit or temporary employment pass which could ultimately be a route to legal immigration. And she does not qualify for immigration even with an employer sponsoring her. And if she is illegal, kiss her and your bank account bye-bye. If you want to hire an au pair, you must go through a licensed agency, and she can come for one year. That visa cannot be extended or renewed or converted into any other status. The au pair program has a strict one-year limit. But the au pairs can be absolutely wonderful, well educated. Friends get their au pairs from Sweden and every one of them has been a delight to have with the family. If you need a nanny, this is the very best idea!

Answer 3

No. There are two reasons.

1. You can only sponsor members of your immediate family (mother, father, son, daughter, wife, husband).
2. He's here illegally and there's no way to get around it.

He's too old to adopt for immigration purposes.

Answer 4

Yes, if you adopted him and go through the legal paper work at the court. It take about 2 years.

Answer 5

Yes, under "Family Fourth Preference" but you have to file for his father/mother who is your borther/sister as well.

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The Immigration and Nationality Act allows for the immigration of foreigners to the United States based on relationship to a U.S. citizen or legal permanent resident. Family-based immigration falls under two basic categories: unlimited and limited.

UNLIMITED FAMILY-BASED

Immediate Relatives of U.S. Citizens (IR): The spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older.

Returning Residents (SB): Immigrants who lived in the United States previously as lawful permanent residents and are returning to live in the U.S. after a temporary visit of more than one year abroad.

LIMITED FAMILY-BASED

Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children, if any. (23,400)

Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.

Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and children. (23,400)

Family Fourth Preference (F4): Brothers and sisters of United States citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age. (65,000)

Answer 6

If you're his legal guardian then you could. You have to have proof that you he is your dependent.

Answer 7

Very likely. I'd look into it (provided he hasn't been in any trouble).

Answer 8

He would have to go home and start from there.

Answer 9

i dont know but if he doesnt have one in the usa he better be careful..

Answer 10

NO!! :) ♥