How Do I Sponsor My Nephew to the US?
US citizens cannot sponsor their nephews and they can only sponsor their parents, siblings, spouses and children. However, as a US citizen, you can sponsor your nephew’s parents and if your nephew’s father or mother is your sibling, you may sponsor him or her for lawful status in America, under the family preference category. After your sibling immigrates to the United States, he or she can file an immigrant petition for your nephew and help him to get a US Green Card. If you own a business in America and if your nephew is above age 18 and if he has the relevant skills, you may offer him a full time job and sponsor him for a US Green Card, based on employment. Hence, you need to remember that you cannot file a family based petition to sponsor your nephew for a US Green Card. Similarly, if your nephew is interested in starting a business in America, he can invest in the country and obtain an EB-5 visa and immigrate to America.
US citizens are allowed to sponsor few different categories of relatives such as, spouses, parents, unmarried and married children below and above age 21 and siblings, whereas Green Card holders can only sponsor their children and their spouses. Nevertheless, as a US citizen, you can help your nephew to immigrate to the United States, by filing Form I-130, Petition for Alien Relative and sponsoring his parent. But you will have to remember that your siblings are not your immediate relatives and they will be put on waiting lists and will be granted immigrant visas only after the priority dates become current and after visa numbers in their particular categories become current. However, there is another option to sponsor your nephew and if your nephew’s parents are unable to take care of your nephew and if you have adopted him, you can sponsor your adopted son for a US Green Card. In this case you need to be aware of the laws that are in effect and about the other requirements.
While you file an immigrant petition for your sibling, your nephew can be listed on that petition as a dependent and he can become a lawful resident while your sibling becomes a lawful resident. Nevertheless, your nephew may immigrate along his father or mother if he is below age 21 and if he is single. Similarly, beneficiaries who obtain US Green Cards through a preference classification, may petition for their children who did not obtain lawful status while they became lawful residents of the country. In this case, your nephew will become eligible for follow-to-join benefits. Moreover, a separate Form I-130 need not be filed for your nephew and your nephew may not be required to wait until a visa number becomes available. However, your sibling who was sponsored by you will have to inform the US consulate that he/she is a permanent resident and so his/her son can apply for an immigrant visa.
To apply for an immigrant visa, your sibling must prove that a relationship exists between him/her and your nephew and that your sibling obtained lawful status in a family preference category. If your sibling meets the requirements, he/she must file, Form I-824, Application for Action on an Approved Application or Petition along with the petition that he/she filed while applying for lawful status, copy of Form I-797, Notice of Action and a copy of his/her Green Card. Your sibling who is in the United States, can file Form I-824 for your nephew, if he/she has not yet filed Form I-485, Application to Register Permanent Residence or Adjust Status, for adjustment of status and in this case, he/she must file Form I-824 for his/her son while he/she files Form I-485 for adjustment of status. However, your sibling will have to contact the National Visa Center (NVC), to file a petition to sponsor his/her son, if he/she obtained an immigrant visa from an overseas US consulate. Hence, you can indirectly help your nephew to immigrate to the United States by sponsoring his parents for US Green Cards.