Adopting a Niece

[Doug]

Well don't forget my ex got arested for being stupid too. They threw her face first into the floor too.

She pleaded guilty, even though no intent, and has finished her community service and all probation officers visits. I have no idea how it will afect her ability to become a citizen, because she has now adopted her neice and needs to get her a green card before what, 18?

I find out later many Asians are having stupid arrests happen all the time. There is no realization by AUTHORITIES that they mean no harm like the rest. Asians NEED to wake up and run for public office and temper their police forces against Asians. But that isn't going to happen.

Both cultures don't understand the other in those situations.

Having said all that, it is complete BS what we have to live with these days in the USA. It is a police state and I get so tired of it. And if someone is here working in law enforcement I have no appologies, due mostly to traffic enforcement. I'm thinking all forms of radars should be outlawed. Then just maybe the right things will be patrolled. The Chinese Govt is nothing good, BUT the people are, and they get along with each other. Which brings up the other side of the coin, criminals. If we didn't have them, we wouldn't need the police.

[dnoblett]

Off topic: No longer - RW

 

Doug, adopting a niece is not going to make it so that can file a petition for a visa, in order for her to be able to take that route, she would have to have sole custody and living with niece for at least 2 years prior to filing the visa petition.

 

Who is an Adopted Child Under the Immediate Relative Process?

 

Under this process, an adopted child is considered, for immigration purposes, to be the child (or adult son or daughter) of the adopting parent if:

• The parent adopted the child before his or her 16th birthday (or before the 18th birthday under certain circumstances as described below). You submit evidence of a full and final adoption
  AND
  
• The parent had legal and physical custody of the child for at least two years while the child was a minor
  
  • The legal custody must have been the result of a formal grant of custody from a court or other governmental entity
    
  • The custody and residence requirement may be met by custody and residence that preceded the adoption
    
  • The two years custody and residence requirements are waived for certain abused children
    

A child is still considered to be an adopted child if they were adopted after his or her 16th birthday but before his or her 18th birthday, and:

• The child is the birth sibling of another child who was adopted by the same parent(s) before the other child’s 16th birthday and immigrated through the Immediate Relative Process
  OR
  
• The child is the birth sibling of another child who was adopted by the same parent(s) before the other child’s 16th birthday and who immigrated as an orphan based on an adoption by the same parent(s)
  

http://www.uscis.gov...000082ca60aRCRD

Edited December 16, 2012 by Randy W (see edit history)

[Doug]

Off topic:

 

Doug, adopting a niece is not going to make it so that can file a petition for a visa, in order for her to be able to take that route, she would have to have sole custody and living with niece for at least 2 years prior to filing the visa petition.

 

Who is an Adopted Child Under the Immediate Relative Process?

 

Under this process, an adopted child is considered, for immigration purposes, to be the child (or adult son or daughter) of the adopting parent if:

• The parent adopted the child before his or her 16th birthday (or before the 18th birthday under certain circumstances as described below). You submit evidence of a full and final adoption
  AND
  
• The parent had legal and physical custody of the child for at least two years while the child was a minor
  
  • The legal custody must have been the result of a formal grant of custody from a court or other governmental entity
    
  • The custody and residence requirement may be met by custody and residence that preceded the adoption
    
  • The two years custody and residence requirements are waived for certain abused children
    

A child is still considered to be an adopted child if they were adopted after his or her 16th birthday but before his or her 18th birthday, and:

• The child is the birth sibling of another child who was adopted by the same parent(s) before the other child’s 16th birthday and immigrated through the Immediate Relative Process
  OR
  
• The child is the birth sibling of another child who was adopted by the same parent(s) before the other child’s 16th birthday and who immigrated as an orphan based on an adoption by the same parent(s)
  

http://www.uscis.gov...000082ca60aRCRD

 

She has been living with her since this summer, and she did adopt her legally now before her 16th birthday. So in a couple of years I think she can pull this off, but the lawyer sure wants her to be a citizen first. I don't think she needs to. Of course no judge granted legal custody before the adoption was complete, so I don't know if tiime before adoption can count. The girl should still be 17 when the 2 years is up, so this is squeeky but can be done. This is partlywhy I lead her to adopting her instead of fulfilling her request that I adopt her when we are divorced already, dah. A green card holder can file for her visa after 2 years adoption. She will have a window to do that filing of a couple of months, before she turns 18. So I think I'm right, she just needs to keep her in that no good school and pay all that tuition to keep the student visa going.

[dnoblett]

Lawer is correct on the Citizenship thing, child of citizen gets immediate visa number in unlimited class, child of LPR has to wait for a visa number, which can take some time.

 

Timing get the two years in then file petition and then file for citizenship and get priority class bumped up upon becoming a citizen.

[Doug]

Lawer is correct on the Citizenship thing, child of citizen gets immediate visa number in unlimited class, child of LPR has to wait for a visa number, which can take some time.

 

Timing get the two years in then file petition and then file for citizenship and get priority class bumped up upon becoming a citizen.

Sorry to stay off topic and you can move this to a thread I know deals with this.

 

She now wants to let the girl go illegal. The school is very high priced and worthless, but it gave her the student visa to get here. She said the lawyers assistant told her it does not matter. Let her go to public school illegal and then rather than file for visa green card just file for the girls citizenship direct in a couple of years. This is wild and concerns me. I advised we better do more research before taking that action after Christmas.

[Randy W]

Lawer is correct on the Citizenship thing, child of citizen gets immediate visa number in unlimited class, child of LPR has to wait for a visa number, which can take some time.

 

Timing get the two years in then file petition and then file for citizenship and get priority class bumped up upon becoming a citizen.

Sorry to stay off topic and you can move this to a thread I know deals with this.

 

She now wants to let the girl go illegal. The school is very high priced and worthless, but it gave her the student visa to get here. She said the lawyers assistant told her it does not matter. Let her go to public school illegal and then rather than file for visa green card just file for the girls citizenship direct in a couple of years. This is wild and concerns me. I advised we better do more research before taking that action after Christmas.

 

Entering the country legally makes a lot of difference. Overstays can be forgiven, even if they have to go to immigration court. But perhaps your ex can file an I-130 and upgrade to a citizen in the meantime, and keep it legal?

Edited December 16, 2012 by Randy W (see edit history)

[Randy W]

Another thing she can check out is to find another (cheaper) school which would give her the I-20.

 

I think the girl will need a green card before the clock starts ticking for her citizenship, which I believe means the I-130 is necessary, but may not maintain her legal status until the mother can become a citizen.

Edited December 16, 2012 by Randy W (see edit history)

[warpedbored]

I have my doubts your ex will be able to become a US citizen after pleading guilty to the shoplifting charge. Part 10 D of the N-400 has several questions asking about arrests and convictions.

http://www.uscis.gov/files/form/n-400.pdf