Asked in Immigration Law for North Carolina

Q: Question about Eligibility

Hey,

I'm here in USA under F1 status and I'm living with my uncle who is a US citizen. He is unemployed so we are living in an apartment from the housing assistance program and we pay $200 in rent because I'm not a US citizen. 1.I will have an issue while adjusting my status as I will be counted as a public charge?. 2.What's your advice? 3. I have another uncle here who could file the I-130 for me can I use it as evidence?

Thanks

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2 Lawyer Answers
Yohan Zingile
Yohan Zingile
Answered
  • Immigration Law Lawyer
  • Bradenton, FL

A: You cannot adjust status through your uncle. He is not an immediate relative and is not part of the family preference category. The relatives that could file a family petition on your behalf are a US citizen or permanent resident parent, a US citizen brother or sister, a US citizen or permanent resident spouse. You may want to explore any employment based immigrant visa or other type of visa. It is needed to assess you situation to know more. I suggest you discuss with an experienced immigration lawyer.

Carl Shusterman
Carl Shusterman
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA

A: A US citizen uncle cannot sponsor a nephew for a green card.

Please see https://www.shusterman.com/green-cards-for-family-members/

You need to look for another way to qualify. The following may be helpful:

https://www.shusterman.com/college-graduates-us-immigration/

https://www.shusterman.com/temporary-visa/

https://www.shusterman.com/green-card-through-marriage/

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