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How can I bring my nephew to Live in the USA

How can I bring my nephew to Live in the USA

Old Dec 21st 2006, 10:06 am
  #1  
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Default 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?
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Old Dec 21st 2006, 12:35 pm
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Default Re: How can I bring my nephew to Live in the USA

Originally Posted by Nick01
is this the right procedure?
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!

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Old Dec 21st 2006, 4:13 pm
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Default 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.
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Old Dec 21st 2006, 5:31 pm
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Default 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...
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Old Dec 21st 2006, 6:05 pm
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Default 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
 
Old Dec 22nd 2006, 9:06 am
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Default Re: How can I bring my nephew to Live in the USA

Thanks for your answers!

Originally Posted by ian-mstm
...you can file an I-130 for your sister *and* her "unmarried child under age 21" at the same time on the same form.
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?
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Old Dec 22nd 2006, 9:17 am
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Default Re: How can I bring my nephew to Live in the USA

Originally Posted by Nameless
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.
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
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Old Dec 22nd 2006, 9:22 am
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Default Re: How can I bring my nephew to Live in the USA

Originally Posted by Bob
also you don't mention if your sister is married or not...
at the moment she is married, but will be divorced soon.
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Old Dec 22nd 2006, 11:20 am
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Default 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
 
Old Dec 22nd 2006, 11:21 am
  #10  
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Default 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
 
Old Dec 22nd 2006, 5:13 pm
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Default Re: How can I bring my nephew to Live in the USA

Originally Posted by Nick01
I checked the form I-130 and it says: "For whom may you not file?" H. A ......nephew....
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".


So the only thing I can do is to file my sister and to mention on the same form her son?
Yes... just like it says in the instructions.

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Old Dec 25th 2006, 12:47 pm
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Default 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.



Originally Posted by ian-mstm
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.

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Old Dec 25th 2006, 1:31 pm
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Default Re: How can I bring my nephew to Live in the USA

Originally Posted by Nick01
It seems that I have to live in the US before I can file the forms because automatically I will be the Sponsor.
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
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Old Dec 30th 2006, 1:48 am
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Default Re: How can I bring my nephew to Live in the USA

Originally Posted by ian-mstm View Post
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
what about the financial support? That is an issue he needs to examine as well.
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Old Dec 30th 2006, 5:59 am
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Default Re: How can I bring my nephew to Live in the USA

Originally Posted by dakota44
what about the financial support? That is an issue he needs to examine as well.
He can examine it to his heart's content... he doesn't need to live in the US before he can file.

Ian
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