Can You Sponsor Your Nephew or Niece to the U.S.? Answer from Immigration Experts

Immigration to the U.S. is becoming increasingly popular among some Vietnamese individuals, as America is seen as a land of opportunity with many job prospects and a high-quality, comfortable lifestyle.

According to U.S. immigration law, U.S. citizens or green card holders over the age of 21 can file petitions to sponsor their relatives to live and reunite in the United States. One common question that many people have is, “Can you sponsor a niece or nephew to come to the U.S.?”

In the following article, ImmiPath will break down the various scenarios for sponsoring a niece or nephew to the U.S. See it now!

1. Can an Uncle (maternal) Sponsor His Niece or Nephew to the U.S.?

Question from a customer: Hello ImmiPath, my uncle is settled in the U.S., and after I graduate from high school in Vietnam, I plan to go there for further studies and potentially settle down. 

I am wondering if my uncle can sponsor me to come to the U.S., and what the process and requirements would be. Thank you for your help. (Minh Thu – Ca Mau)

ImmiPath’s response:

Hello Minh Thu, according to U.S. immigration law, an uncle cannot directly sponsor a niece or nephew to immigrate to the U.S. However, your uncle could potentially sponsor your mother, and then your entire family, including you, could follow. The condition is that your mother would need to be the primary applicant and you must be under 21 years old. Alternatively, if you are under 18, your uncle could adopt you, and then sponsor you through the adoption process.

For your uncle to sponsor your mother under the F-4 category, the following conditions must be met:

• A U.S. citizen who is at least 21 years old can file a petition to sponsor their siblings to live in the U.S. Permanent residents cannot sponsor their siblings for immigration to the U.S.
• The U.S. citizen must prove the sibling relationship. Siblings are defined as having the same parents or at least one common parent.
• If sponsoring a sibling through a common mother, there are no additional requirements.

In the case of sponsoring a sibling through a common father, and the father was not married to the mother, the father must prove he has taken actions to acknowledge the parent-child relationship. Such actions include:

• Marrying the mother before the child turned 18
• Legal acknowledgment of the child
• Providing evidence of father-child relationship, such as upbringing, cohabitation, or communication
• Without such evidence, the parent-child relationship cannot be established, and the sibling sponsorship application cannot be filed.

Some information about F-4 visa sponsorship:

Basic documents needed to open an F-4 sponsorship file:

• Form I-130
• Copy of the U.S. passport and naturalization certificate of the sponsor
• Copy of the birth certificates of the petitioner and the sponsor
• If the petitioner has accompanying family members (spouse and children), additional copies of their birth certificates and passports are required
• Copy of the petitioner’s marriage certificate (if applicable)

Stages of the F-4 sponsorship process:

Stage at U.S. Citizenship and Immigration Services (USCIS): Submit the application to USCIS. USCIS approves the sponsorship application (an Approval Notice is sent, such as Form I-171 or I-797C).

Stage at the National Visa Center (NVC): The application is transferred from USCIS to the NVC. The applicant and any accompanying family members (if applicable) must complete the following documents:

• 4 passport-sized photos (5×5 cm) with a white background
• Form DS-260
• Copy of household registration
• Copy of the applicant’s and accompanying family members’ birth certificates
• Copy of marriage certificate
• Copy of the criminal record check (Police Certificate) for the applicant and accompanying family members
• Criminal record and legal history (if applicable)
• Military records (if applicable)
• Copy of the applicant’s and accompanying family members’ passports (valid for at least 8 months beyond the date of visa issuance)
• Old household registration, old school records, old photos, hospital birth certificates, Catholic family register, etc., to prove the relationship between the applicant and the sponsor
• All documents must be translated and notarized in English

Stage at the U.S. Embassy/Consulate in Vietnam:

The NVC will send an interview appointment letter to the applicant, specifying the interview date and time, and providing instructions on how to undergo a medical examination and information about the required documents.

2. Can an Aunt (paternal) Sponsor Her Nephew or Niece to the U.S.?

Customer Question: Hello ImmiPath, I am 26 years old and my aunt has been living in the U.S. for a long time and is now a U.S. citizen. Can my aunt sponsor me to immigrate to the U.S. according to current U.S. immigration laws? Thank you! (Dang Khoi – Sai Gon).

ImmiPath Response: As a general rule, an aunt cannot sponsor a nephew for U.S. immigration. However, your aunt can sponsor your father under the F-4 visa category, and you may follow as a dependent if your father is the primary applicant and you are under 21 years old.

Alternatively, if you are under 18 years old, you could be adopted by your aunt, who would then allow her to sponsor you. The waiting time for immigration under the F-4 sibling category is quite long, typically around 14-16 years.

3. Can an Aunt (maternal) Sponsor Her Nephew or Niece to the U.S.?

Customer Question: I was referred to ImmiPath, which has many years of experience in U.S. immigration and naturalization advice. I have an aunt who moved to the U.S. through marriage and is now a U.S. citizen. 

She wants to adopt me and sponsor me to immigrate to the U.S. I am 14 years old. Can my aunt open a case to help me immigrate to the U.S. for permanent residence? Thank you. (Ngoc Anh – Da Nang)

ImmiPath Response: Similar to the case mentioned earlier, in order for your aunt to sponsor you to the U.S., both you and your aunt must meet the requirements for legal entry into the U.S. and legal exit from Vietnam. Generally, adoption must occur when the child is under 18 years old.

Since you are 14 years old, you meet this requirement. Given that your aunt is already a U.S. citizen, she fully satisfies the conditions set by U.S. law for adopting and sponsoring you to immigrate to the U.S.

You would be entitled to all the benefits of being a U.S. citizen, including access to a better living environment, educational opportunities, and social welfare benefits.

4. Can an Uncle (the father’s younger brother) Sponsor His Nephew or Niece to the U.S.?

Customer Question: I am 30 years old and have an uncle currently living in the U.S. He wants to sponsor me to immigrate to the U.S. for permanent residence. Can my uncle sponsor me, and if so, how long would it take to get a visa? (Nguyen My Thao – Nha Trang)

ImmiPath Response: Hello Ms. My Thao! Thank you for reaching out to ImmiPath for immigration advice. According to U.S. immigration law, an uncle cannot directly sponsor his niece for a green card. However, your uncle can sponsor your father under the F-4 visa category, and you could be included as a derivative applicant if you are under 21 years old.

However, the F-4 visa category for siblings (which includes uncles) typically involves a long wait time, approximately 14-16 years, for the application to be processed.

5. Can an Uncle (the father’s older brother) Sponsor His Nephew or Niece to the U.S.?

Customer Question: I am 15 years old and have an uncle who has been living in the U.S. for 10 years. He is married and is a U.S. citizen. I’ve heard mixed opinions about whether my uncle can sponsor me to move to the U.S. Could you clarify this for me? (Hoang Anh – Ha Noi)

ImmiPath Response: Hello Hoang Anh! Similar to aunts, uncles cannot directly sponsor their nieces or nephews for immigration to the U.S. under regular immigration laws.

However, your uncle can sponsor your father on the condition that your father is the main applicant, and you could be included as a derivative applicant if you are under 21 years old.

Based on the information you provide, ImmiPath finds that you are 15 years old, so your uncle can also adopt you and then open a sponsorship application for you to come to the U.S.

However, sponsoring a child to come to the U.S. under adoption involves specific legal requirements and procedures to ensure the process is handled correctly and smoothly.

6. Can a Grandmother Sponsor Her Grandchild to the U.S.?

Customer Question: I am 48 years old and currently living in the U.S. with U.S. citizenship. I have a 19-year-old granddaughter, and I would like to know if I can sponsor her to move to the U.S. (Anna Nguyen – Texas)

ImmiPath Response: According to U.S. immigration law, a grandmother cannot directly sponsor her grandchild for immigration. However, as a U.S. citizen, you can apply to sponsor your child under the family-based immigration category. If your daughter (the child’s parent) is the primary applicant, she and her children could immigrate to the U.S., provided that your granddaughter is under 21 years old.

In this situation, you can not adopt your grandchild to expedite the process, as the child is still living with their biological parents and is over 18 years old.

Conclusion

With the questions and answers provided by ImmiPath’s immigration experts, you may no longer wonder about the process and requirements for sponsoring a niece or nephew to the U.S. We hope these insights prove valuable and practical for your immigration journey.

With a team of experienced consultants and offices both in the U.S. and Vietnam, ImmiPath is proud to be a leading authority in U.S. immigration. We specialize in handling spousal, family, and employment-based immigration cases, including the complex process of sponsoring a niece or nephew. Our services include preparing evidence, guiding you through embassy interviews, and expediting your visa and green card applications to help you and your family reunite and start a new life in the U.S.

If you have any further questions about the timeline or process for sponsoring a niece or nephew, please comment below. Our team of consultants will provide support with all the expertise and dedication, helping turn your American dream into reality and reuniting your family in the U.S.