Petition

[Nattychic 1]

Hi guys, three years ago I asked my aunt to sponsor me and she ( naturalized citizen ) said that the us government only allow immediate family members to be sponsored. Just wanted to clarify if it's true or not. Jump back three years from then till now; I met my loving husband and he was able to ask for me. I just want to know if what she said is true or false.

[Anh map 2,098]

Your aunt can/could not petition for an immigrant visa for you. She can/could be a sponsor for an affidavit of support.

[aleful 1,905]

Hi guys, three years ago I asked my aunt to sponsor me and she ( naturalized citizen ) said that the us government only allow immediate family members to be sponsored. Just wanted to clarify if it's true or not. Jump back three years from then till now; I met my loving husband and he was able to ask for me. I just want to know if what she said is true or false.

ditto,

it all depends on what do you mean by sponsor?

do you mean file a petition on your behalf? then no, you cannot get a GC from a petition from your aunt.

only immediate family or spouse can file a petition for you, such as US parents or US siblings.

can she be a joint sponsor for an affidavit of support? yes.

[Jojo92122 1,924]

Hi guys, three years ago I asked my aunt to sponsor me and she ( naturalized citizen ) said that the us government only allow immediate family members to be sponsored. Just wanted to clarify if it's true or not. Jump back three years from then till now; I met my loving husband and he was able to ask for me. I just want to know if what she said is true or false.

Your aunt is telling the truth.

A US citizen cannot petition a niece for an immigration visa.

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Read the instructions for Form I-130.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD

Who May Not File Form I-130?

You may not file for a person in the following categories:

8. A grandparent, grandchild, nephew, niece, uncle, aunt, cousin, or in-law.

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A husband who is a US citizen or a Legal Permanent Resident (LPR or green card holder) can petition for his wife.

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http://www.tancinco.com/v2/?page=articles&type=roundtable&articleId=152&pageIndex=2

Can a US Citizen Petition His Nephew and Niece?

19 October 2009

Dear Atty. Lou,

I am a U.S. citizen. I have a nephew and niece who both grew up with me when I was still in the Philippines, their mothers are my sisters. I considered them as my son and daughter and I want to bring both of them here.

My nephew (28 years old) has a degree in Business Administration and has a medical problem (scoliosis) and my niece (a minor) is in her first year in high school and now being taken cared of by my mother. Actually, I know a way for them to come here but as a visitor or tourist or for medical reason but I want them to stay here and live with me permanently because I love them so much. I don't have any problem about with my wife regarding this matter. Is there any possible way for me to file an immigrant petition for them? Can you please advice me what is the best thing to do.

Many thanks and more power!

The Loving Uncle

Dear Loving Uncle,

I understand how much you want your nephew and niece to live with you in the US as you consider them your family members as well, Unfortunately, US immigration policy allows only US citizens and/or lawful permanent residents to petition their sons and daughters. The nieces and nephews are not permitted to be beneficiaries of a petition for immigrant visa unless they are considered adopted children. In your particular case, you did not mention that you petitioned them as your adopted children before they turned 16 years old. If they were judicially adopted as your children, you may have the opportunity to petition them as your own child.

If they enter the United States as visitors, they may not live with your permanently much as you want to. For the nephew who has a bachelor’s degree, he may want to explore employment petition to be able to apply for an immigrant visa. If your niece is less than 16 years old, you may want to look into the possibility of judicially adopting her and then file for her immigrant petition as your adopted child.

Atty Lou

Edited July 24, 2011 by Jojo92122

[Nattychic 1]

Thanks for clearing that up u guys!!!!