Jump to content
Brenda0818

Immigration advise before file i-130

8 posts in this topic

Recommended Posts

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 

Share this post


Link to post
Share on other sites
Filed: Country: Vietnam (no flag)
Timeline

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 by aaron2020

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Russia
Timeline
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


31-Jan-2020 : I-485 Filed

17-Feb-2020: I-765/I-131 Filed

24-May-2020: I-765/I-131 approved

31-May-2020: EAD/AP Combo Card received

05-Oct-2020: Biometrics Scheduled

20-Oct-2020: Biometrics Complete

30-Nov-2020: EAD/AP Renewal Filed

04-Dec-2020: AOS Case Was Transferred And A New Office Has Jurisdiction 😂😂 - Transfer from CSC to Nebraska Service Center  

13-Jan-2021: EAD/AP USCIS processed renewal

25-Jan-2021: EAD/AP renewal TExt message for case received

30-Jan-2021: EAD/AP renewal Receipts received

15-Mar-2021: AOS Approved - Card Production Sent

20-Mar-2021: Card Received in Mailbox

 

Share this post


Link to post
Share on other sites
Filed: Country: Vietnam (no flag)
Timeline
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.  

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites
Filed: Country: Vietnam (no flag)
Timeline
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.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...