QUESTION

Can I bring her over to live with me in the US after I was given guardianship?

Asked on Aug 16th, 2017 on Immigration - Illinois
More details to this question:
I am both a Nigerian and US citizen resident. I was recently appointed legal guardian to my 6 year old grandchild who is in Nigeria. Can I also apply for her to be a US citizen?
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1 ANSWER

Immigration Law Attorney serving Chicago, IL
3 Awards
No. The child should be deemed an orphan before going through adoption and further visa processing in the U. S. You may have to live with the child for two years in the child's home country, or lawfully outside the U.S., unless the child can be proven 'not' to have immigrant intent for the purposes of a non-immigrant visit. Otherwise, the B2 visitor or F1 student visa must be denied as a matter of law. There is also a law that requires a presumption of immigrant content that must be rebutted and overcome by the applicant for a non-immigrant visitor visa. This does not seem possible. As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney. Good luck.
Answered on Oct 24th, 2017 at 2:51 AM

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