Immigration advise before file i-130

[Brenda0818 7]

Greeting all, I am Us citizen active duty in military and I would like to file i-130 for my mother. My mother is currently live with my niece. My younger sister passed away in 2014 and her daughter is currently with my mother. Can I add my niece under my mother when I applied for my mother? Please I will welcome any advice. Thank you 

[SusieQQQ 11,584]

Unfortunately, there is no category that will enable you (or your mother in due course) to apply for your niece.

Edited July 9, 2020 by SusieQQQ

[aaron2020 11,651]

Hi,

 

Sorry, there is no way to add your niece to a petition for your mother.  When a US citizen petitions for a parent, only the parent can get a visa.  

 

An uncle can never petition for a niece.  A grandmother can never petition for a grandchild.  If your mother legally adopts her AND can meet all the requirements, she may be able to petition for her as an adopted daughter when your mother becomes a green card holder.  BIG IF and it will depends on the details.  

How old is your niece? 

What country is she from?

Where is her father?  Is he alive?  Is he listed on her birth certificate?  

 

Edited July 9, 2020 by aaron2020

[igoyougoduke 1,605]

1 hour ago, Brenda0818 said:

Greeting all, I am Us citizen active duty in military and I would like to file i-130 for my mother. My mother is currently live with my niece. My younger sister passed away in 2014 and her daughter is currently with my mother. Can I add my niece under my mother when I applied for my mother? Please I will welcome any advice. Thank you 

your mom can adopt her

[SusieQQQ 11,584]

3 minutes ago, James120383 said:

your mom can adopt her

Subject to a BUNCH of conditions if she wants it recognized for immigration purposes.

[aaron2020 11,651]

7 minutes ago, James120383 said:

your mom can adopt her

Adoption alone does not solve the problem.

There are plenty of adopted children who do not qualify for immigration visas.  

In order to qualify for an immigration visa, the adoption must meet certain requirements.  

[Brenda0818 7]

57 minutes ago, aaron2020 said:

Hi,

 

Sorry, there is no way to add your niece to a petition for your mother.  When a US citizen petitions for a parent, only the parent can get a visa.  

 

An uncle can never petition for a niece.  A grandmother can never petition for a grandchild.  If your mother legally adopts her AND can meet all the requirements, she may be able to petition for her as an adopted daughter when your mother becomes a green card holder.  BIG IF and it will depends on the details.  

How old is your niece? 

What country is she from?

Where is her father?  Is he alive?  Is he listed on her birth certificate?  

 

My niece is 10 year old we are from Cameroon central Africa.

[aaron2020 11,651]

14 minutes ago, Brenda0818 said:

My niece is 10 year old we are from Cameroon central Africa.

You didn't mention anything about her father.  That's important.  Devils in the details.

You should consult with an immigration lawyer with experience with adoptions to help you plan things out since there is no way for them to immigrate together.  Your mother must adopt and meet all the requirements to petition for an adopted daughter before she immigrates to the US.  Once she gets her green card, she can get a Re-Entry Permit to return home to care for her adopted daughter while she petitions for her.  BE CAREFUL.  She must meet certain requirements in order to petition for an adopted child.  You don't want to be in the position where she has legally adopted the child but messed things up and can not meet the legal requirement to petition for her.  You need an experienced lawyer to guide you.  

Best of luck.