How to Adjust Immigration Status of an Adopted Niece or Nephew
Hire an immigration lawyer., Identify if the child is young enough to qualify., Satisfy the custody requirements., Finalize the adoption., Fill out appropriate paperwork., Pay the fees.
Step-by-Step Guide
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Step 1: 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. -
Step 2: 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., 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. , 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., 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. , 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. -
Step 3: Satisfy the custody requirements.
-
Step 4: Finalize the adoption.
-
Step 5: Fill out appropriate paperwork.
-
Step 6: Pay the fees.
Detailed Guide
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.
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., 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. , 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., 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. , 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.
About the Author
Alexander Collins
Creates helpful guides on DIY projects to inspire and educate readers.
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