Sponsorship for a F1 - Int'l student visa

[italyp2405 0]

Hi all,

My nephew is in the US with his F1 visa. He is 15 years old. Is there any way that I can sponsor him to get green card? I am a green card holder and my husband is US citizen. I am also a legal guardian of my nephew here in US - means that I pay for his tuition, all the expenses and etc.

Thank you so much.

Vickie

[aaron2020 11,651]

Hi,

There is no process that would allow you or your husband to petition for a green card on behalf of a nephew.

[Calicolom 266]

I think you could adapt him, worth a try.

[aaron2020 11,651]

I think you could adapt him, worth a try.

Adoption will not work. There are rules in place to prevent people adopting family members to get them green cards.

Edited August 14, 2015 by aaron2020

[canadian_wife 1,822]

How long is his visa valid for? At 15 years old is it only a year?

Good luck

[italyp2405 0]

How long is his visa valid for? At 15 years old is it only a year?

Good luck

As F1 visa always valids for 1 year. But if the student still in school and the I 20 is in valid, he is legally stay in US for his study.

[italyp2405 0]

Adoption will not work. There are rules in place to prevent people adopting family members to get them green cards.

I know there is no rule for sponsor of nephews, cousin, uncle, aunt, niece. However, lately I have heard of people saying about legal guardian for the student under 16 years of age for 2 years, and then this student can apply for green card. However, this student cannot later sponsor his/her siblings or parents to come to U.S

So I do not know if that rumor running is true or not though, and hopefully if there is any one here know anything of it.

[aaron2020 11,651]

I know there is no rule for sponsor of nephews, cousin, uncle, aunt, niece. However, lately I have heard of people saying about legal guardian for the student under 16 years of age for 2 years, and then this student can apply for green card. However, this student cannot later sponsor his/her siblings or parents to come to U.S

So I do not know if that rumor running is true or not though, and hopefully if there is any one here know anything of it.

False rumors.

I suspect from a combination of the fact that a high school can not deny an education to any child including illegal aliens and a misinformed DACA.

If it was possible, my niece would not have gone home last month after her J-1 high school exchange year.

[NigeriaorBust 4,087]

Legal guardianship is not enough to apply for a green card. The child would have to have the entire adoption proceeding finished by his 16th birthday for even a whisper of a chance. The include the home study, the termination of the bio parents legal rights and proof that they are either dead or unfit. It is not going to happen.

[italyp2405 0]

False rumors.

I suspect from a combination of the fact that a high school can not deny an education to any child including illegal aliens and a misinformed DACA.

If it was possible, my niece would not have gone home last month after her J-1 high school exchange year.

Your niece is under J1 visa - exchange student that means after the exchange program ends, she has to go back to the country where she comes from. Some other J 1 can stay in the US up to 2 years to study if they are under scholarship and if this scholarship is from the governement, after the program ends. he/she has to go back the country because of the subject to 2 years rule. Some choose to stay in US and change to F1 visa. F1 and J1 are 2 different types.

Legal guardianship is not enough to apply for a green card. The child would have to have the entire adoption proceeding finished by his 16th birthday for even a whisper of a chance. The include the home study, the termination of the bio parents legal rights and proof that they are either dead or unfit. It is not going to happen.

Thanks Nigeriaor,

I will check on the adoption procedure to see how it is.

[aaron2020 11,651]

Your niece is under J1 visa - exchange student that means after the exchange program ends, she has to go back to the country where she comes from. Some other J 1 can stay in the US up to 2 years to study if they are under scholarship and if this scholarship is from the governement, after the program ends. he/she has to go back the country because of the subject to 2 years rule. Some choose to stay in US and change to F1 visa. F1 and J1 are 2 different types.

Thanks Nigeriaor,

I will check on the adoption procedure to see how it is.

I know the difference between a J1 visa and an F1 visa. My niece is finishing high school in VN and plans to come back here with an F1 for college.

My point is that if it was possible to do what you want, I would have done it already.

I have been planning the migration of my family and extended family from Vietnam for over 20 years. I have brought over 30 family members on immigration visas or adjustment of status, 1 J-1 student exchange, and 2 F-1 college students. I've also helped 5 family members prepared for their visitor visa interviews, and they all got visas. I know how the game is played.

An adoption will not work for an immigration benefit when both parents are alive.

Edited August 14, 2015 by aaron2020