If im illegal can my uncle petition me with citizenship?

Asked over 1 year ago - San Marcos, CA

Hello i was wondering if my uncle would be eligible to petition me for citizenship since i've been here illegal since i was 6 and now im about to turn 19. I also have applied for the DACA and was approved.

Attorney answers (7)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . No

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Michael Hugh Carlin

    Contributor Level 19

    8

    Lawyers agree

    Answered . No, your uncle cannot file a petition for you. The only people who could file a family-based petition for you would be your spouse, parents, sons/daughters age 21 and older, and siblings.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more
  3. Alexus Paul Sham

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . I agree with my colleague. An Uncle cannot petition for your green card.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does... more
  4. Michelle Skatoff Gee

    Contributor Level 2

    3

    Lawyers agree

    Answered . Unfortunately, your uncle may not petition you for permanent residence (a green card). The only people who can petition for you are your parents, who would have to be U.S. citizens or U.S. permanent residents, a U.S. citizen or U.S. permanent resident spouse, or any U.S. citizen siblings. Best of luck to you.

  5. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . No.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more
  6. Edyta Christina Grzybowska

    Contributor Level 6

    2

    Lawyers agree

    Answered . I agree with my colleagues. On the bright side, as a DACA approved candidate you will probably soon be able to self petition yourself through the immigration reform. It looks like the Dream Act will be a reality soon, which means that probably you will be able to "upgrade" your DACA status to that of a permanent resident. So follow the news closely and stay out of trouble!

  7. Alison Yew

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . Technically, under current laws, there is no basis for family members to petition for citizenship of a foreign national, no matter the status of either. Under family-based immigration, permanent residence ("green card") is possible under the four preference categories or immediate relative category. Unfortunately none of these categories provides for an uncle (or an aunt) to petition for a green card for a niece or nephew. Congratulations on the DACA approval. Keep yourself informed on Comprehensive Immigration Reform. There may be a path to citizenship for you then. As written, however, the comprehensive immigration reform bill provides for the termination of the siblings category as a basis for permanent residence.

Related Topics

Immigration

If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

US citizenship

In order to become US citizens and enjoy the benefits that citizenship grants, immigrants must go through the naturalization process.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,142 answers this week

3,377 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,142 answers this week

3,377 attorneys answering