Can I apply for my cousin's green card? 12 Answers as of December 21, 2011

You could only apply for him if he is legally adopted and in your custody for two years by the age of 14. Since you are speaking about a driver's license I guess he is too old.

A cousin is not a relationship which enables a relative to sponsor an alien relative. Sorry.

You cannot for a cousin to receive a green card. The U.S. Government only allows U.S. citizens to petition for spouses, children, sons/daughter over 21, parents, and siblings. Unfortunately, the fact that you have custody is insufficient. Your cousin may be eligible for other programs depending upon his specific circumstances.

I am assuming you are a US Citizen or a Legal Permanent Resident (LPR). You cannot petition for your cousin. Immigration laws do not include grandparents, aunts, uncles, nieces, nephews, cousins, or in-laws in the "immediate relative" category. Generally, undocumented individuals (adults or children) who were not inspected at entry into the US are not eligible to petition or to benefit form a petition. It is not clear what you mean by "having custody." That said, if you had officially adopted your minor cousin as a son/daughter before or by the time he/she was 16 years of age, you'd be able to petition for that child as an "immediate relative," provided that all other requirements were met. Remember that each case is different so it is important to consult with a knowledgeable immigration attorney who can assess the individual situation and determine if there is a potential legal remedy.

Well, if you are a US citizen, and if your cousin entered the US legally, with inspection, and if your cousin is at least a few months under the age of 16, and if you don't have any significant criminal record, and if you are living substantially above the poverty level, you could adopt him as your child, and then, one year after you adopted him, you could file for a green card for him. (If he is still under 18 when he gets the green card then he automatically becomes a US citizen.) When he gets his green card (or work permit), you could then file for a Social Security number and he should have no problem obtaining a driver's license. But it is always smart to get a second opinion from another immigration attorney.

Your situation is quite complicated. In most cases, you are not able to do papers for a cousin. If he is under 16, and you follow very special steps, you might be able to adopt him. Otherwise, unfortunately, there is nothing you can do to help him in the near future.

No you cannot file an I-130 Petition for an Alien Relative (your cousin). Unless, you adopt your cousin legally as a child before he or she turns 16.

We actually were able to do that for a client of ours where the Client had a Probate Court in Illinois assign our client as the legal guardian of an illegal alien (days before his 18th birthday). But in the Probate Court's order we needed specific language in order to be able to obtain Special Immigrant Juvenile Status for the unlawful alien from Peru. With that, we were able to keep the Juvenile in the US with a green card. All of this is very complicated work and requires attorneys that know what they are doing.

Normally you cannot unless the state court gave you legal custody and determined that he was abandoned or abused by his parents before he turned 18 years of age. If he is not 18 yet, you can still do this.

You cannot file for your cousin as a family based immigrant visa. You may be able to adopt him. But, we would need more details if you were going to qualify in that situation.