My nieces mother (my sister) passed away 1 year ago. My parents got split custody with my nieces father. But he doesnt even care for the child. My parents are u.s residents, i am a u.s citizen and we ask him to give either them or me full custody of her so we can bring her to the u.s. He says he will sign her off to me so i can fix her status and bring her over faster since im a citizen. My question is do i need to adopt her first or can i start the immigration process after getting full custody of her? I live in illinois and my niece lives in guadalajara mx
I am sorry for the loss of your sister. It depends on the age of your niece. There is an immigration process for children under 16. Review this and consult an attorney in your state. https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/how-to-adopt/adopting-a-relative-for-immigration.html
Disclaimer: This answer is for general informational and educational purposes only and should not be relied upon as specific legal advice. It does not establish an attorney/client relationship. This attorney is licensed to practice in New Hampshire and Massachusetts.
Area changed to immigration. They want me to add more characters.
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Condolences to your family. Look into possible adoption as long as it can be accomplished before niece reaches age 16. Pay particular attention to The Hague and adoption requirements. Work with a knowledgeable immigration attorney.
The information provided is not to be considered to create an attorney-client relationship. The information provided is general in nature, and does not represent a thorough review of a situation or case, nor does it constitute legal advice on any subject matter. Seek a private consultation with an immigration attorney of your choice to obtain legal advice.
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