Can I start the process for my nephew to get citizenship of US? 13 Answers as of September 11, 2012

I am US citizen and a guardian of a nephew ( 14 years old ) who doesn't have US citizenship.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
No, you cannot petition for him unless you have a qualifying family relationship. If you adopt him before he turns 16, you might be able to petition for him then.
Answer Applies to: California
Replied: 9/11/2012
Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
That depends if you have physical custody and where your nephew is. However, keep in mind that to properly do this, the adoption must be finalized before he is 16 years old.
Answer Applies to: California
Replied: 8/13/2012
Perez-Jenkins Law, LLC | Patricia Perez-Jenkins
First of all I would seek the advice of an immigration attorney as soon as possible. Uncles./Aunts cannot apply for nephews.

The only exceptions being that the person has been adopted because the biological parents are incapable of taking care of him, or if he has been named a ward of the state for some reason there is also an avenue where he can get status regardless.

These are very fact specific scenarios and there are time limits associated with them. He is close to an age where time is of the essence and I would speak with someone very quickly.
Answer Applies to: Minnesota
Replied: 8/13/2012
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
If your nephew has a green card, he will have to wait until he is 18 and had the green card for 5 years (whichever is later), unless you legally adopt him before he turns 16, in which case it is a different procedure that can be started any time.

If you nephew does not have a green card, you can obtain it for him either through adopting him or through a procedure under Special Immigrant Juvenile status. Both processes are legally complex and should be handled by a professional.
Answer Applies to: New York
Replied: 8/13/2012
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
What status does your nephew have? Is he in or out of the U.S.?
Answer Applies to: California
Replied: 8/13/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You cannot petition for your nephew. You would potentially be able to if you adopt him.
    Answer Applies to: New York
    Replied: 8/11/2012
    Frazier, Soloway & Poorak, P.C.
    Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
    There is no visa category by which a U.S. Citizen uncle or aunt and guardian may apply for a nephew to get immigration benefits. Depending upon the circumstances, in some instances the uncle or aunt may adopt a child who is under age 16 and then be able to apply for the child to become a U.S. Permanent Resident by virtue of being the adopted child of a U.S. citizen (and upon becoming a Permanent Resident before age 18 the child automatically might become a U.S. citizen). Whether that possibility might be appropriate or not, there is no substitute for engaging an immigration attorney to carefully review all of the details and circumstances in order to be able to advise of eligibilities, options and strategies.
    Answer Applies to: Georgia
    Replied: 8/11/2012
    Law Office of Grady G Gauthier | Grady G Gauthier
    Unfortunately there is no visa category to sponsor a nephew. However, if you formally adopt your nephew you may then sponsor them as a child. You will need to consult with both a family-law attorney who handles adoptions and an immigration attorney to assist you with these processes and issues.
    Answer Applies to: California
    Replied: 8/11/2012
    World Esquire Law Firm
    World Esquire Law Firm | Aime Katambwe
    If you are saying he is a LPR but not yet a USC, then you will have to wait until he is 18 and he will have to do it. There is normally no petition of any kind for nephews of USC and I am unaware of any exceptions for those under guardisnship. You would normally have to adopt him and then petition for him.
    Answer Applies to: California
    Replied: 8/11/2012
    Matthew Cameron Attorney at Law
    Matthew Cameron Attorney at Law | Matt Cameron
    Unfortunately, there is no visa available for nieces and nephews of US citizens. However, it would be relatively easy to petition for your nephew if you were able to legally adopt him. If this is at all a possibility, I would recommend looking into it.
    Answer Applies to: Massachusetts
    Replied: 8/10/2012
    Immigration Law Offices of Misiti Global, PLLC.
    Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
    Yes, possible through adoption or a special immigrant juvenile petition.
    Answer Applies to: New York
    Replied: 8/10/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    You can petition for your nephew only if he is legally adopted before turning age 16.
    Answer Applies to: Texas
    Replied: 8/10/2012
    NAYAR & MCINTYRE LLP
    NAYAR & MCINTYRE LLP | MARIA MCINTYRE
    A US citizen is only able to sponsor their spouse, parent, child, or sibling. There is not category for nieces or nephews. You should consult with an immigration attorney immediately to look into adoption, as you already have guardianship of your nephew. An adoption would need to be finalized prior to the child's 16th birthday. As an adoption can take several months depending on your nephew's country of citizenship, time is of the essence!
    Answer Applies to: Texas
    Replied: 8/10/2012
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