My niece is 14. She wants to live with me(citizen) due to her school and issues with her step family. She came to states a month ago with her mom(she came here using fiancee visa and now married to a US citizen). Would she lose the chance to get her green card if she lived with me since her status is attached to her mother?
Your niece will still be able to obtain a green card based on her mother's marriage to a US citizen if she comes to live with you. The living arrangement does not affect the eligibility for permanent residence.
If you must obtain guardianship of your niece for some reason, it should not affect her derivative eligibility for a green card either, unless the guardianship will strip away all parental rights from your sister and you will become your niece's sole legal guardian. In that case, your niece will be treated as your child, and since she is under 21, she will be eligible for a green card based on the relationship with you. You will need to filed a new petition, however.
Guardianship is awarded by the court of the jurisdiction in which the child resides.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
She might want to be nice to her new stepfather who will be petitioning for her as his immediate relative child, and then smile sweetly to the immigration officer during her green card interview. And then do the issues thing. Or does she want her mom to lie to the immigration officer? Part of the problem may be the whole transition to the United States, and her perspective in 6 months time might be quite different. This sort of reaction is quite common in teenK2s.
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