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How Can I Sponsor My Niece or Nephew for U.S. Immigration and Permanent Residency?

Posted on in Immigration

How Can I Sponsor My Niece or Nephew for U.S. Immigration and Permanent Residency?There are several ways that an American citizen can help a niece or nephew immigrate to the U.S. and obtain a green card, also known as lawful permanent resident (LPR) status. Unfortunately, there is no immediate relative or family preference visa category that allows you to directly sponsor their immigration. Rather, you must consider one of these more circuitous routes:

1. Adopt an orphaned niece or nephew under age 16, making them an immediate relative.

The immediate relative (IR) category allows for the quickest path to immigration, as there are no annual limits on the number of IR visas. The IR category is available to the following relatives of a US citizen:

  • Your parent;
  • Your spouse;
  • Your unmarried child under age 21; or
  • An orphan under age 16 whom you have adopted outside the U.S. or will adopt once they reach the U.S.

2. Sponsor the parent of your niece or nephew for a family preference visa.

The family preference visa category allows U.S. citizens age 21 and older to sponsor the immigration of their siblings, subject to an annual quota of 65,000. The sibling petition can include the sibling’s spouse and minor children under age 21. 

If your niece or nephew is already age 21 or older, then they will have to wait until your sibling has obtained LPR status. LPRs can sponsor the immigration of their spouses and unmarried children under the family preference visa category and subject to an annual quota of 114,200. 

If your niece or nephew has already married, then they must wait until their parents become U.S. citizens. U.S. citizens, but not LPRs, can sponsor the immigration of their own married children under the family preference category and subject to an annual quota of 23,400. 

3. Sponsor your niece or nephew as an employee of your business.

If you own a business, you may be able to sponsor your niece or nephew for an employment-based (EB) visa. This would not involve your family relationship at all but rather would strictly be based on their qualifications for employment.

If your relative has at least a four-year degree and you can afford to hire them for an appropriate position within your business, you may be able to sponsor them for an EB-3 “professional” visa. If your niece or nephew holds an advanced degree, such as an MBA or other master’s degree or higher, they may qualify for an EB-2A visa.

A Fairfield County Family Immigration Lawyer Can Help

The process, quotas, and timeline are unique for each of these options. An experienced family-based immigration lawyer can evaluate these options and determine which one makes the most sense for you.

If you want to help a niece or nephew immigrate to the U.S., a Stamford immigration lawyer can help you determine the best legal option to pursue. Call Gonzalez Law Office, LLC, at 203-323-1440.  

Sources:

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/before-you-adopt/who-can-be-adopted.html

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/family-based-immigrant-visas.html#7

https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-january-2019.html

Fairfield County Bar Association Connecticut Bar Association American Immigration Lawyers Association Connecticut American Immigration Lawyers Association
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