Adopting a Niece or Nephew
Hire an immigration lawyer. This is a complicated area of law. You will definitely need expert legal advice because the process of adopting a niece or nephew is not easy. You should get referrals for an immigration lawyer and schedule a consultation. At the consultation, discuss your niece or nephew’s situation. Ask the attorney what options you have. If the child is an orphan, explain that to the lawyer. You may be able to petition the child as an orphan. Ask if the lawyer can help you with the adoption process. If the lawyer can’t, then ask for a referral to an adoption lawyer, preferably one who also handles immigration issues.
Identify if the child is young enough to qualify. In order for an adopted child to qualify for a green card, the child must be under 16 years of age. Because the adoption also has to be finalized before you can adjust the child’s status, the child should ideally be under 15.
Satisfy the custody requirements. You must have had legal and physical custody for two years before you file a petition. This means your niece or nephew must already be in the United States or you live with the child in another country for two years. If you want to bring the child to the U.S. on a temporary visa, then talk to your lawyer about your options. If the child snuck into the U.S. illegally, you can still get custody. However, your niece or nephew faces the possibility of being deported. A child probably won’t be deported unless he or she commits a serious crime. Nevertheless, the potential exists.
Finalize the adoption. The adoption must also be finalized before you can petition the court for a visa or an adjustment of status for the child. You should meet with your adoption attorney to discuss the adoption process and timelines. Remember that the adoption decree must have been awarded before the child turns 16.
Fill out appropriate paperwork. You will need to petition the U.S. government to recognize the legal status of the child. However, the paperwork you fill out will depend on whether your niece or nephew is currently in the U.S. and whether they came into the U.S. legally. Entered the U.S. without inspection. This means the child likely crossed the border illegally. He or she was not inspected and admitted at a port of entry. In this situation, you will need to complete Form I-130 and submit it. Once it is approved, you will need to take the child to the U.S. Consulate abroad to complete the application. Is not currently in the U.S. If your niece or nephew is overseas, then you will need to submit Form I-130 and then complete the application at the U.S. Consulate overseas before travelling to the U.S. Entered the U.S. legally. Your niece or nephew might have had a visa to enter the country but have overstayed. In this situation, you can fill out a Form I-130, Petition for Alien Relative, and a Form I-485, Adjustment of Status, and submit them at the same time. You don’t have to travel overseas.
Pay the fees. You have to pay a fee for both the Form I-130 petition and the Form I-485, Adjustment of Status petition. You should pay both using check or money order, payable to “U.S. Department of Homeland Security.” Don’t use other abbreviations. The fee for Form I-130 is $420. The fee for Form I-485 is generally $985, though it may differ, depending on the circumstances. You should read the instructions for the form.
Sponsoring a Sibling
Consult with an attorney. You will probably have questions about how to adjust the status of a child adopted by your siblings. You should find an immigration lawyer and schedule a consultation, where you can get answers to any questions that you have. See Find an Immigration Lawyer for more information.
Identify if you can sponsor your sibling. Only a U.S. citizen can sponsor a sibling to immigrate to the United States. If you are a green card holder, then you unfortunately can’t. Siblings are not counted as “immediate relatives.” Accordingly, they won’t be able to immediately immigrate to the United States. Instead, they will need to wait until a visa becomes available in their category. Your sibling might already be in the U.S., for example on a work visa. However, he or she still must wait for a visa to be made available before they can apply to adjust their status.
Check if your niece or nephew qualify. Before beginning this lengthy process, you should figure out if your adopted niece or nephew will qualify. In order to qualify, they must meet the definition of “children” under U.S. immigration law. The children must have been legally adopted before your sibling is admitted into the U.S. This means your sibling can’t come to the U.S. and then try to adopt the children. The child must have been adopted before age 16, and your sibling must have had at least two years of legal and physical custody.
Download the petition. You will need to file a Form I-130, Petition for Alien Relative, to start the process. You can download the form and its instructions from the United States Citizenship and Immigration Services (USCIS) website. You can also request forms by calling 1-800-375-5283.
Complete the form. You should provide the requested information by printing neatly using black ink. You might also type the information into the form. If you need extra space, then attach a sheet of paper and identify the item number. The form will ask for the following information: information about you, such as name, address, place and date of birth, and Social Security Number information about your relative, such as name, address, date and place of birth other information about your sibling, including gender, marital status, and dates of prior marriages information if your sibling is already in the U.S. your sibling’s spouse and children (list your niece or nephew if they are under 21 and not married) address where your sibling intends to live your signature under penalty of perjury
Gather supporting documents. You will need to provide USCIS with documents that show your relationship to your sibling. Read the instructions to Form I-130 to see specifically what you need. You should gather these documents ahead of time so that you can provide them with your I-130 petition: copy of your birth certificate copy of your sibling’s birth certificate showing you have one common parent information about your father’s marriages, such as marriage certificates and divorce decrees, if you share a common father but different mothers information about adoptions if you and your sibling are related through adoption
Pay the filing fee. You need to pay a $420 filing fee by check or money order. Make payment out to “U.S. Department of Homeland Security.” Do not abbreviate to “USDHS” or “DHS.” Filing fees are subject to change. You should call 1-800-375-5283 to get the most current fee information.
Submit your applications. Gather your petition and your supporting documents. Make a copy for your records. Then put the entire application into an envelope. You will send the application to either the Chicago or Phoenix office, depending on where you live. Read the instructions to find the particular office where you should send your application.
Check your sibling’s visa status. Eventually, a visa may become available. Your sibling will be notified by the National Visa Center (NVC) and given directions on what to do next. If you listed your niece or nephew as a dependent, then they should be able to immigrate to the U.S. at the same time.
Have your sibling adjust their status. Your sibling can get permanent resident status (green card) in one of two ways. If they are outside the country, they will use “consular processing.” Their notice from NVC will tell them when to show up for consular processing. If your sibling is legally already inside the U.S., then they will need to adjust their status by completing Form I-485, which is available for download from USCIS. Remember, your sibling must be in the U.S. legally. If they snuck in illegally, then they must return to the home country and undergo consular processing. Your adopted niece or nephew can also gain permanent resident status at the same time as their parents.
Get “following-to-join” benefits. Your sibling might have come to the U.S. alone. If so, then your niece or nephew qualifies for “following-to-join” benefits. They will not need to wait for a visa. Instead, your sibling needs to inform the U.S. Consulate that they are a permanent resident so that their children can then get an immigrant visa. Your sibling will need to file various forms, depending on whether they have already adjusted their own status. If they have, then they need to file Form I-824, a copy of the petition used to apply for immigrant status, Form I-797, and a copy of their green card. See the USCIS website for more information.
Comments
0 comment