Can an uncle with a green card petition a niece for a green card in the United States? 3 Answers as of February 21, 2011

Can an uncle with a green card petition a niece for a green card or legal status?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Not through the family relationship. He would have to be a U.S. citizen and then petition for his sibling whose minor children would get derivative status. An employment green card or possibly a nonimmigrant visa may work. Is the child an orphan?

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Answer Applies to: California
Replied: 2/21/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Nope if they are not father and daughter.
Answer Applies to: Florida
Replied: 1/31/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
No. Green Card holders can only petition their spouses and their unmarried children. They cannot petition brothers or sisters, or nieces or nephews. Also, U.S. Citizens cannot petition nieces or nephews.
Answer Applies to: California
Replied: 1/31/2011
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