My wife and I are both US citizens. we have adopted my niece who is 18 years old and live here in the state as a F1 student. Can we actually help her become resident (green card)?she was just adopted yesterday.And yes she was already 18 and she is my niece. can we may be apply for a social security card?
Only if the adoption took place before the child's 16th birthday.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
It would seem reasonable and prudent to get the answers to your questions before going through with the adoption.
To obtain immigration benefits for an adopted child, the adoption must have been finalized before the child is 16. There is an exception for a child between 16 and 18 if a younger child, under 16 and a sibling of the older child, is also adopted by the same parents.
So, you cannot help this child to obtain LPR based on the adoption.
Being adopted would not entitle her to a Social Security Number if she has no other basis for the number.
By adopting this child, you also preclude her from later filing immigrant visa petitions for her natural parents.
No, the adoption won't help.
She can work on campus and can get a SS# from that authorized work.
Encourage her to do well in school ... maybe she can find an employer who will sponsor her for a greencard ... after graduation that is.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.
As noted the adoption may have cut off other potential family based immigration options. She will need to maintain her student status and hopefully obtain an employment based immigration status in the future.
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