Guardianship and immigration

Guardianship is a process involving state laws aimed to provide legal authority for the guardian to take actions on behalf of the ward (the child). It has no bearing on immigration eligibility (other than in some circumstances establishing an earlier starting date for counting the two-year eligibility period for immediate relative applications for adopted children).

A U.S. Citizen may petition for her sister to adjust status in the Family-Based Fourth Preference category, but the enormous waiting time (perhaps as long as 20 years) for a visa in this category makes this strategy unattractive for most people. You and your husband shoud consult with an immigration attorney to address immigration eligibilities and strategies under the circumstances you described, perhaps including adoption of your sister if she also has a sibling under age 16 who could be adopted simultaneously (since adoption of a child between ages 16 and 18 can lead to Immediate Relative immigration applications only with such simultaneous adoptions)

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

David N. Soloway
Frazier, Soloway & Poorak, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com