Can a green card holder be a sponsor to her niece ?

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I am a permanent resident in US ,can I support my niece in her green card case?

Attorney Answers

4
Shah Peerally ·
Unfortunately no unless there is an adoption. Adoption in turn is very difficult for family members. I will recommend talking to an adoption agency or an immigration lawyer familiar with adoption. Good Luck Shah Peerally Founder and Managing Attorney of Shah Peerally Law Group PC Law Firm Deals in Immigration law & Debt Relief Note: The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.
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Steven Garmo ·
U.S. immigration law allows for the immigration of foreigners to the United States based on some family relationships to a U.S. citizen or legal permanent resident. If you can meet the requirements, this is one of the most practical ways to obtain a green card. Family-based immigration falls under two basic categories: unlimited and limited. 1. UNLIMITED FAMILY-BASED Immediate Relatives of U.S. Citizens (IR): The spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older. 2. LIMITED FAMILY-BASED Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children, if any. (23,400) Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters. Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and children. (23,400) Family Fourth Preference (F4): Brothers and sisters of United States citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age. (65,000) In addition to the family based visa's, your niece may qualify for an employment based visa such as H-1b which may later be converted to a green card. THE EMPLOYMENT PREFERENCE SYSTEM allows certain immigrants to obtain permanent residence ("green cards") in the United States to work. Currently, immigration law allots 140,000 employment-based visas to immigrants. These employment-based visas are divided into the following categories: FIRST PREFERENCE: Up to 40,000 visas a year may be issued to priority workers. People who have "extraordinary ability" or who are "outstanding professors and researchers" and in their field "certain multinational executives and managers" fall into this category. In addition, any visas left over from the fourth and fifth preferences (see below) are added to this category. SECOND PREFERENCE: Up to 40,000 visas a year (plus any visas left over from the first preference) may be issued to persons who are "members of the professions holding advanced degrees or aliens of exceptional ability" in their field. THIRD PREFERENCE: Up to 40,000 visas a year (plus any visas left over from the first and second preferences) may be issued to skilled workers, professionals, and other workers. The other workers category covers workers who are "capable of performing unskilled labor," and who are not temporary or seasonal. Workers in this category are limited to 5,000 visas per year. Skilled workers must be capable of performing skilled labor requiring at least two years training or experience. FOURTH PREFERENCE: Up to 10,000 visas a year may be issued to certain special immigrants, including ministers, religious workers, former U.S. government employees and others. FIFTH PREFERENCE: Up to 10,000 visas a year may be issued to persons who have between $500,000 and $3 million to invest in a job-creating enterprise in the U.S. At least 10 U.S. workers must be employed by each investor. The amount of money can vary depending on which area of the country will benefit from the investment. If the investor fails to meet the conditions specified, he or she can lose permanent resident status.
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Thuongtri Nguyen ·
What do you mean by "be a sponsor"? If you are asking whether an aunt can file an immigrant visa petition for her niece based on that family relationship, the answer is no. Under the current laws, a niece-aunt relationship is not one of the eligible ones for family-based immigration. If you are asking whether you can be joint financial sponsor for your niece based on a petition filed by someone else, the requirements to be a joint financial sponsor are in the instructions to Form I-864, affidavit of support. The joint financial sponsor does not have to have any family relationship to the intending immigrant. That is a US citizen or legal permanent resident, living in the US and making enough money, can be the joint financial sponsor for a friend of a friend of a friend or even a complete stranger. Being a joint financial sponsor carries a level of financial risk. So, most people would only sign up to be a joint financial sponsor for a family member or close friend. Your question is unclear. What you should is review your specific facts with your attorney to find out your legal options.
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