immigration, family based green card, family based immigration, application for permanent residency

immigration sponsorship: I was born in mexico but i have been living in the United States all my life..its all i know. i moved here wen i was about one years old. i want to know if a friend can sponsor me to become a resident or does it have to be a family member, for instance a cousin? - Is this your question? Add additional information
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Answers (2)

Stuart Jonas Reich

Stuart Jonas Reich

Contributor Level 7
You need to speak with an immigration attorney to determine whether you might have any options. This might depend in part on your age right now.

I can tell you that not only can a friend not sponsor you, but a cousin couldn't either - there is no category for sponsorship by cousins - only spouses, parents, adult children and adult sisters and brothers. I am assuming based on your question that none of these relatives are available to sponsor you - but of course this should be explored with a lawyer directly.

Further, if you don't currently have valid legal status in the U.S. now, the only practical way for most people to get a green card is through marriage to a U.S. citizen - and this would only be if you can prove that you entered the U.S. legally with your parents as an infant (you would need to speak with a lawyer about how to prove this). If you can demonstrate that you entered legally, you can "adjust status" to permanent residence without leaving the U.S.

Otherwise, you would need to complete the process abroad - and the act of leaving after being here one full year without status after the age of 18 would make you subject to a ten-year bar to coming back (a three-year bar if here 180 days after the age of 18 without legal status). Time spent here without legal status after 18 is in most cases - there are exceptions - deemed "unlawful presence," which is what triggers these reentry bars when you leave.

So, if you didn't enter legally or can't prove you did, and have six months or more of unlawful presence once you are over 18, it's almost a no-win situation.

There are other possibilities which should be explored with a lawyer, although they are rare, such as a green card case filed for you (or one filed for a family member which listed you as a dependent) on or before April 30, 2001 that was approvable when filed. This would give you the ability to adjust status here beased on some other newer case by paying a $1,000 fine.

Again, speak with a lawyer - and good luck!
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Thuong-Tri Nguyen

Thuong-Tri Nguyen

Contributor Level 9
You can review Form I-130 and its instructions to see who is eligible to be sponsors/petitioners in family-based immigration petitions. The form and instructions are available for free at www.uscis.gov . Friends and cousins are not eligible petitioners.

You may want to review your facts and options with an attorney.

The facts given in your post are not sufficient to give you any meaningful guidance.

Do you have any claim to US citizenship? Your claim would depend on your parents' citizenship at the time of your birth and when you were under 18.

If you are not a citizen, did you enter the US with inspection? Did your parents or you have a visa to enter the US the last time you entered the US?

If you did not enter the US with inspection, you likely cannot adjust status to a legal permanent resident while remaining in the US.

Whether your case is complex or simple depends on the facts of your case. You should go see an attorney.
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