QUESTION
Can I get custody of my niece and nephew if I am an illegal alien? How?
Asked on Jun 22nd, 2015 on Child Custody - California
More details to this question:
My husband's niece went to prison, and her kids were homeless. I took them in to my home with my two daughters. The children are American citizens, but I am not. I want to become their guardian, but am I able to? I am worried to put them in the foster care system because we do not want to lose them. There is no other family. The boy is 13 and the girl is 4. She is still traumatized from having lost her mom, and is very attached to me. How can I take care of them?
2 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Immigration law has become quite complex and specialized. You'd do best to consult an immigration lawyer. You can find one in the Yellow Pages, or online (try Avvo.com), or from a friend. I wish I could help, but someone well-versed in immigration law could help a lot better. Good Luck.
Answered on Jun 22nd, 2015 at 3:58 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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Do the children have a legal father? Perhaps you can get a written authorization for temporary guardianship from the father or the mother who is in prison. To file a legal guardianship would require a court investigation to approve you as the legal guardian. A voluntary agreement would be preferable and less costly at this time. You would have to check if the Court investigators approved undocumented residents as guardians. legally, I believe they can.
Answered on Jun 22nd, 2015 at 3:38 PM