If im illegal can my uncle petition me with citizenship?
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.
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.
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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.
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!
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.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.