Immigration Corner | Can I file for my nephew?

Dear Mrs Walker-Huntington,

I am a USA citizen and wanted to know what is the process of filing for my nephew and how long would the process take.

Thank you.

ND

Dear ND,

Only certain biological and legal relationships can result in migration to the United States of America. The categories of persons who can file for a relative to migrate to America are: parent-child, siblings, spouses and stepchildren (under specific circumstances). An aunt/uncle cannot file a petition for a nephew to migrate to America.

Under the sibling category, you could file for your nephew’s parent to whom you are related – your brother or sister, and if your nephew was under 21 years old (immigration age) when the visa became available, he could be a derivative beneficiary of his parent’s petition and migrate with him/her. Unfortunately, the sibling category takes more than 15 years for a visa to become available and your nephew – depending on how old he is when you file, could run the risk of ‘ageing out’ and not be qualified for the visa. That is, if he is over 21 years old (immigration age) when the visa becomes available, he would be unable to migrate with his parent.

There is also the possibility of adopting your nephew and filing for him. This is not an easy process and it would rest on whether his parents are alive and able to care for him, or whether you have ever lived with your nephew; and whether he is under 18 years old at the time of the adoption.

In the Caribbean we form strong bonds with our nieces and nephews, and our extended families are often close. Sometimes we even bond with children who are not biologically related to us, but whom we love and care for without hesitation. However, US immigration laws do not recognise those bonds, and we are faced with family separation when the adult lives in America. You should consult with a US immigration lawyer who can flush out the details of your situation and advise you accordingly.

Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com