QUESTION
As a legal guardian can we apply a green card for our 3.5 year old niece?
Asked on Feb 26th, 2014 on Immigration - Michigan
More details to this question:
We are a legal guardian of our 3.5 year old niece and now in a process of adopting her. My sister who is her mother lived in other country. My niece lived with us since she was 6 months old. Can we apply a green card for her before the adoption is finalized?
4 ANSWERS
Adebola O. Asekun
You can file a green card for the child only after the adoption has been finalized.
Answered on Mar 04th, 2014 at 7:58 PM
Bruce A. Coane
A guardian cannot file a proper petition for a child. Once the child is adopted, and been in your legal care for two years, you can file a petition, assuming the child is otherwise qualified.
Answered on Mar 03rd, 2014 at 4:54 PM
General Practice Attorney serving Edison, NJ
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The Law Offices of Peter S. Kollory
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No, you have to go through adoption proceedings in order to claim a dependent for immigration purposes.
Answered on Feb 28th, 2014 at 7:59 PM
No, you have to be an adopted parent and there are special requirements. See an immigration attorney.
Answered on Feb 28th, 2014 at 7:46 PM