Sponsoring my adopted niece

[sincanvin]

Hi,

I have a 6 mnths old niece and I want to get her to US. Is it possible for me to apply for her GC and sponser her? Do I need to legally adopt her?


Please advice.

Thanks,
Vineet

[PraetorianXI]

You need to legally adopt her.

[sincanvin]

After legally adopt her can I add her to my Green Card Process once the date gets current.

What is the process of legal adoption.

[PraetorianXI]

After legally adopt her can I add her to my Green Card Process once the date gets current.

What is the process of legal adoption.

There is not a 1-2-3 easy steps guide for this, you need a lawyer.

[txh1b]

What is your current status?

[sincanvin]

I am on H1b visa.

[txh1b]

Adoption on H1b is not an easy thing. You need to spend 2 years with the child before they let you adopt the kid.

http://travel.state.gov/family/adoption/info/info_455.html

[sincanvin]

Do you mean child will have to stay with me for 2 yrs or even legal custody will work.

[txh1b]

Read the content of the link. Unless a USC adopts a child, they do not qualify for immediate immigration to USA.

Long term nonimmigrant visa holders and legal permanent residents can bring their spouses and children with them when they enter the United States or have them enter later. The INA divides the definition of "child" into several sub-groups: natural born children, step-children, and adopted children. The INA recognizes as a "child" one who has been adopted before the age of sixteen and who has resided with, and been in the legal custody of, the parent for two years. What this means is that a child born overseas to the principal applicant after his or her entry to the US may receive the appropriate dependent visa immediately. A child adopted overseas by a non-citizen must first meet the two year co-residence requirement. The INA does not provide any way for the child to enter the US to satisfy this requirement."
So, the child has to live with you and in your custody for 2 years before it is possible to get a dependent visa for the child.