How can I bring my nephew to Live in the USA
 

I am the only US citizen in my family. So I would like to give my nephew (5 years old) the possibility to obtain one day the greencard. Maybe he will be interested to live in the US as a young adult, who knows.

However, I already checked the website and it seems that I have to file some forms seeking permanent resident status for my sister:

http://www.uscis.gov/portal/site/usc...0048f3d6a1____

once my sister is permament resident she should file the forms for my nephew.

http://www.uscis.gov/portal/site/usc...000ecd190aRCRD

is this the right procedure?
and do I can file the Form I-130 for my sister though I am not living in the US at the moment?

Re: How can I bring my nephew to Live in the USA
 

From my understanding of the process (and I'm sure someone will correct me if I'm wrong) you can file an I-130 for your sister *and* her "unmarried child under age 21" at the same time on the same form. When your sister becomes a PR, her son should receive PR status at the same time. Be aware that even if you file today, it will take many years before a visa is available for them. BTW, the second link you provided was for derivative status for those seeking asylum!

Ian

Re: How can I bring my nephew to Live in the USA
 

He will be an adult by the time the process is complete.

If you want to, fine, but not something they should put their lives on hold for. Who know what the situation will be then.

Re: How can I bring my nephew to Live in the USA
 

also you don't mention if your sister is married or not...but either way, it'll take years as a sibling i think is 4th in the priority line...

Re: How can I bring my nephew to Live in the USA
 

Nick01 wrote:
    > I am the only US citizen in my family. So I would like to give my
    > nephew (5 years old) the possibility to obtain one day the
    > greencard. Maybe he will be interested to live in the US as a young
    > adult, who knows.


If you file your sister, you should file for her unmarried children,
the ones eligible for petiiton, i.e under 21 years old, at the same
time.

Though it may take 12 years for your sister to get an immigrant visa,
the childrens filed along with her would still be able to emigrate to
US at the same time as your sister even if they are over 21 by that
time and they didn't get married.

If any of her children filed along with her gets married, their
priority status would change.


What you need to read is family-based category Your petition for your
sister falls under family based 4th preference.






    > However, I already checked the website and it seems that I have to file
    > some forms seeking permanent resident status for my sister:
    > http://www.uscis.gov/portal/site/usc...9f35e66f61417-
    > 6543f6d1a/?vgnextoid=e74a1868f9bdd010VgnVCM1000000ecd190aRCR D&vgnextcha-
    > nnel=ca408875d714d010VgnVCM10000048f3d6a1____
    > once my sister is permament resident she should file the forms for
    > my nephew.

That would be a fatal mistake for the children (unmarried and under age
of 21) whom you could have filed at the time you filed for your sister.


    > http://www.uscis.gov/portal/site/usc...9f35e66f61417-
    > 6543f6d1a/?vgnextoid=8e0d6c854523d010VgnVCM10000048f3d6a1RCR D&vgnextcha-
    > nnel=3a82ef4c766fd010VgnVCM1000000ecd190aRCRD
    > is this the right procedure?
    > and do I can file the Form I-130 for my sister though I am not living in
    > the US at the moment?

I would think so. You are just mailing it anyway. But if I were you, I
would use domestic address and mail it from US with certified mail
unless you live in a country where you can do the same tacking of your
mail.


    >
    > --
    > Posted via http://britishexpats.com

Re: How can I bring my nephew to Live in the USA
 

Thanks for your answers!

I checked the form I-130 and it says:
"For whom may you not file?"
H. A ......nephew....

So the only thing I can do is to file my sister and to mention on the same form her son?

Re: How can I bring my nephew to Live in the USA
 

Actually they don't say which service center is responsible if the petitioner is residing outside the US. Do I can send the form to an american Consulate?

http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

Re: How can I bring my nephew to Live in the USA
 

at the moment she is married, but will be divorced soon.

Re: How can I bring my nephew to Live in the USA
 

Nick01 wrote:
[..]

    > Actually they don't say which service center is responsible if the
    > petitioner is residing outside the US. Do I can send the form to an
    > american Consulate?

I don't think so. Even if you asked them, you might not get the right
answer.

You'll be safer buying a mail box in US and use it that address and
hence corresponding Service Center) to mail it. If there is room for
both mailing address and residential address, both both but they will
send you their receipt notice to your mailing address.

You can alwasy change mailing address by writing to them along with
filling the required address chnage form, AR-11 I think.


    > http://www.uscis.gov/portal/site/usc...9f35e66f61417-
    > 6543f6d1a/?vgnextoid=89c3b62aedcee010VgnVCM1000000ecd190aRCR D&vgnextcha-
    > nnel=7220c9ee2f82b010VgnVCM10000045f3d6a1RCRD
    >
    > --
    > Posted via http://britishexpats.com

Re: How can I bring my nephew to Live in the USA
 

Nick01 wrote:
    > > also you don't mention if your sister is married or not...but
    > > either way, it'll take years as a sibling i think is 4th in the
    > > priority line...
    > at the moment she is married, but will be divorced soon.

You might as well not file for the husband and save filing fee for the
petition.

    >
    > --
    > Posted via http://britishexpats.com

Re: How can I bring my nephew to Live in the USA
 

That would be true *if* you were filing *only* for your nephew. You're *not* filing for your nephew. You're filing for your sister... and, if you read the I-130 instructions, you'll see that you *can* file for her *and* her "unmarried child under age 21".


Yes... just like it says in the instructions.

Ian

Re: How can I bring my nephew to Live in the USA
 

Thanks a lot for your answers. It seems that I have to live in the US before I can file the forms because automatically I will be the Sponsor.

Re: How can I bring my nephew to Live in the USA
 

You are the sponsor, yes... but you don't need to live in the US before you can file. You read the instructions, right?

Ian

Re: How can I bring my nephew to Live in the USA
 

what about the financial support? That is an issue he needs to examine as well.

Re: How can I bring my nephew to Live in the USA
 

He can examine it to his heart's content... he doesn't need to live in the US before he can file.

Ian