Bringing a Niece to the US

[Tee and Megan 10]

Hello all;

My husband is just waiting, waiting, waiting for his Citizenship application to process (biometrics done back in January). We are curious,in the meantime, about whether it would ever be possible for us to file a petition to bring over one of his nieces. She is a brilliant 18 year old who wants to be a nurse. We could help her file an student visa but we were curious if it's in any way possible for us to file for a green card for her. Would we have to be her legal guardians for her to qualify?

Thanks for your help, all! We are so thankful for the VJ community. 

 

[igoyougoduke 1,605]

you cannot sponsor extended family whether you are a citizen or green card holder. she can apply for student visa on her own. Visa will be granted based on merits of the application and financial resources ( you can play a role there ) 

[aaron2020 11,651]

Sorry, no one can file for a niece.  There is no path to a green card through her uncle.

She's an adult.  You can't be the legal guardians for an adult.  Furthermore, legal guardianship would not qualify her for any immigrant benefits such as living, working, or going to school in the US.

 

She can get a student visa if she is accepted by a US college.  She would need to show she or her family is capable for paying international student tuition and living expenses (living with a relative does not reduce the amount for living expenses).  She would also need to show a legitimate educational path towards a degree and show a foreign home that she intends to return to upon completion of her education and that she is using her schooling as a pretext to later immigrate to the US.   An F1 student visa is a non-immigrant visa, so she has to overcome the legal presumption that all non-immigrant visa applicants intend to immigrate by showing ties to her home country to indicate she would leave after finishing her education.

Sorry that this is not the news you wanted to hear.  

Edited April 26, 2021 by aaron2020

[JFH 12,189]

She can apply for a student visa (you will play no part in this - the visa will be granted based on her own merits). But one of the requirements of a student visa is no immigration intent. It’s for students who plan to return their home country once the studies are complete. 
 

I would recommend she trains and qualifies as a nurse in her home country and then  looks into an EB-3 visa in the future. See it as a long-term goal. 

[milimelo 4,205]

Have her play green card lottery in October when it opens up next?