I am a US Citizen can i help my nephew in anyway to obtain a permanent resident card.?

Asked 9 months ago - Chicago, IL

My nephew is currently waiting on his DACA to get approved he has lived in the U.S since he was 3 went to school and got his GED and is waiting to go to college, he does have a 7 year old son, and he has never been married. His father (my brother) filed for him years ago but never went through the whole process and is no longer willing to help him in that matter, we spoke to a lawyer and they said if he had gone through the process he would've had his permanent residency since 2007 but he didn't, so is there anyway that i can help him? He is now 27

Attorney answers (4)

  1. Gunda Johanna Brost


    Contributor Level 20


    Lawyer agrees

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    Answered . Unfortunately, there is no immigration category for "nephew," so you personally are unlikely to be able to directly help with a petition. However, it is recommendable that you consult an immigration attorney to determine what precisely was filed and when. If the dad is no longer willing to help, it is unlikely that he can go ahead with the petition; however, perhaps continually communicating with dad may be a way to make clear to him the importance of his support. Meanwhile, your nephew may be able to enroll in school and work on the DACA if it does get approved, and at least won't have to fear being deported in the near future. Work with an immigration attorney of your choice directly - that is my best advice I can give here. Good luck!

    Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely... more
  2. Daniel Warren Thomann

    Contributor Level 15


    Lawyer agrees

    Answered . How unfortunate about your brother, it is very thoughtful of you to want to help your nephew. As a U.S. citizen you can petition for a few categories of relatives to become permanent residents, but nephew is not one of them, so there is nothing you can file directly to confer status on him. It is not clear when you spoke to a lawyer and what information you provided, but I suggest scheduling a consultation for him with an attorney who can look over his entire history and advise him about his options (if any). Good luck!

    The information above is general in nature and is not intended to create an attorney-client relationship between... more
  3. Mary Kathleen Neal

    Contributor Level 15

    Answered . As my colleagues stated, there is unfortunately now specific way that you can help your nephew, because he is not a close enough relative for you to sponsor. However, your nephew would do well to consult with an attorney in private to see if he might have some other immigration options.

    This answer is intended as public information about a legal topic. Answers posted here do not create an attorney-... more
  4. Stephen D. Berman

    Contributor Level 20

    Answered . There is no visa for a nephew of a US citizen. If he is 245(I) eligible [he almost certainly is], some day he will probably get married and if he marries a US citizen, he can adjust his status in the U.S.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more

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