QUESTION
Can I find a solution for my niece so she can stay here in the US?
Asked on Jan 31st, 2014 on Immigration - California
More details to this question:
I'm a US citizen and I have my niece's custody. She is 17 years old. She is French and came to America with an ESTA (3 months) and now, she wants to stay with me. She doesn't have a father and her mom gives me all the rights to her because she can't keep her. She is in high school so she can't ask for a student visa but can I ask a green card for her? Or extend her "visa ESTA"? Or can I ask for a tourist visa from here? Thanks.
2 ANSWERS
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If you are not a biological parent, you cannot "sponsor" your niece. However, you may file for "adoption" proceedings which involves pre and post adoption procedures.
Answered on Feb 05th, 2014 at 3:07 PM
No, you cannot just keep her in the US or petition for her green card as you are not her parent and as an aunt not a qualified family relative for immigration purposes. If you adopted her before she was 16, then you could have petitioned for her as your child. Otherwise, she can try to get a student visa as a high school student and then continue with college as an international student.
Answered on Feb 05th, 2014 at 2:55 PM