Who can you apply for? Can you skip family members?

[minemar 96]

Hi.

 

I'm wondering if it is possible to apply to bring my niece without having to apply for her mother. I do not have a great relationship with her and my niece suffers while staying with her. She's over 18 and I'm not sure if it is possible. I'd like her to live with me but if not we are considering at least a tourist visa so she can come and spend a few months with me every year.

 

Any advice would be great. 

 

 

[Crazy Cat 41,894]

She can possibly come to visit you....but you cannot directly petitioner her to live in the US.

Edited January 10, 2021 by Lucky Cat

[SusieQQQ 11,586]

short answer: no.

long answer:

If you are still only a LPR you cannot apply for either of them 

if you are a citizen you can only apply for your children, parents, siblings. Any of your children or siblings’ spouses/children are derivatives of their petitions and can only get a visa if the principal gets one too.

 

Edit: btw sibling visas for Mexico are currently only being processed for petitions submitted before July 1998 so even if you are a citizen and you decide to petition your sister for her daughter to come, you are looking at well over 20 years to wait, probably closer to 25 years by then..and your niece will age out of being a derivative at age 21, so it’s not going to happen.

 

 

Edited January 10, 2021 by SusieQQQ

[Unlockable 7,314]

1 hour ago, minemar said:

Hi.

 

I'm wondering if it is possible to apply to bring my niece without having to apply for her mother. I do not have a great relationship with her and my niece suffers while staying with her. She's over 18 and I'm not sure if it is possible. I'd like her to live with me but if not we are considering at least a tourist visa so she can come and spend a few months with me every year.

 

Any advice would be great. 

 

 

Nothing you can do to immigrate your niece. To answer your question, no you can not skip of a family member (her mother). Immigration is extremely, extremely strict when it comes to nonbiological children trying to immigrate.

 

Basically your niece would have to be an orphan. And you would have to complete a legal adoption before she is 16 in order for you to be able to petition for her.

[minemar 96]

Thank you for all the responses, I know I am still a legal resident but I was planning to wait until I was a citizen. I guess it is safe just to have her come and visit.