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virgo8

how to petition a niece?

By virgo8 in Bringing Family Members of Permanent Residents to America

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virgo8 Rookie

virgo8   0

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
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I am a green card holder and my husband is a US citizen, I want to petition my niece 22 yrs old to come and live with us because we do not have a child. She is my favorite niece and I want her to be with us. What are the steps to take and would it be possible? Please give me some inputs regarding this.

Virgo8

Jojo92122 Experienced

Jojo92122   1,924

Posted
Filed: Timeline
Posted (edited)

I am a green card holder and my husband is a US citizen, I want to petition my niece 22 yrs old to come and live with us because we do not have a child. She is my favorite niece and I want her to be with us. What are the steps to take and would it be possible? Please give me some inputs regarding this.

Virgo8

No one can petition for a niece or nephew. Sorry.

=======

As you can see from the I-130 instructions; it is not possible to file the I-130 for a niece.

www.uscis.gov/files/form/i-130instr.pdf

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.

Edited by Jojo92122
Penguin_ie Grand Master

Penguin_ie   5,996

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

Not possible. Once you are a US citizen, you can petition for your sibling (the niece's parent), and once they are here they can petition for the niece, but the waiting time would be a couple of decades or more.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Jojo92122 Experienced

Jojo92122   1,924

Posted
Filed: Timeline
Posted

Not possible. Once you are a US citizen, you can petition for your sibling (the niece's parent), and once they are here they can petition for the niece, but the waiting time would be a couple of decades or more.

First, the OP must become a US citizen to petition for the niece's parent.

Second, it currently takes about 23 years for a US citizen to petition a sibling from the Philippines.

Third, it currently takes about 11 years for an LPR to petition for an unmarried child over 21 from the Philippines.

If we could rely on these current wait time, it would take over 34 years for the niece to immigrate to the US. She would be 56 years old. Yikes!!!

 
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