Can my niece get citizenship

[sonia11 0]

My sister in law died last year and my husband and I are looking to adopt his niece from Benin Africa. Her father is in agreement and she is currently visiting us on a tourist visa. We have not officially started the adoption paperwork and are afraid time is running out on the tourist visa. Can we adopt her while she is here and change her status afterwards even if she overstays her tourist visa or, does she need to go back and wait until the adoption is final and approved and be granted an immigrant visa?

[Inky 1,111]

I believe both the parents have to be dead in order to do this.

[Ning 619]

I believe both the parents have to be dead in order to do this.

Correct & I think the adopting family has to show two years of contact & support. This is a poor idea to try to do while she is here. I think impossible when the father is alive. Also Benin has its own reputation to live down. USCIS will never allow the child to simply remain in the USA.

THe O P has good intentions I am sure but this will prove to be very difficult to impossible. This is a good case where a lawyer will be needed for the duration of the case.

There is a lot of info on line about this adoption subject. Some on V J as well.

[Jojo92122 1,924]

My sister in law died last year and my husband and I are looking to adopt his niece from Benin Africa. Her father is in agreement and she is currently visiting us on a tourist visa. We have not officially started the adoption paperwork and are afraid time is running out on the tourist visa. Can we adopt her while she is here and change her status afterwards even if she overstays her tourist visa or, does she need to go back and wait until the adoption is final and approved and be granted an immigrant visa?

Legal adoption is one matter. Legal immigration is another. A legal adoption may not confer any immigration rights. You could legally adopt your niece, but she may not be able to remain legally in the US.

People cannot petition directly for a niece or nephew. The US government is suspicious when people attempt to adopts a niece or nephew so the child can immigrate to the US. There are strict rules for these cases.

Here are some resources for you;

http://www.immigration-professor.com/tag/adopting-niece

http://www.rreeves.com/publications_detail.php?newsId=158

http://www.avvo.com/legal-answers/how-can-i-adopt-my-niece-that-lives-in-mexico--137521.html

[Jojo92122 1,924]

Another person with a similar situation to yours. Perhaps, the two of you can help and learn from each other.

http://www.visajourney.com/forums/topic/330415-age-of-adopted-children-for-citizenship/page__gopid__4910844#entry4910844

[Anh map 2,098]

Your adoption scenario is far more complicated than you anticipate. For all the reasons stated above you should consult a qualified immigration attorney to learn all the aspects of this set of circumstances.

[NigeriaorBust 4,087]

How old is the child ? If she will be over 16 when it is finialized then it is no good for immigration

[Harsh_77 718]

Even with child being under 16 to my understanding both parents must be dead before a child could be adopted for the immigration purpose.

Especially in case of niece and nephews and adoption it is very strict.

[sonia11 0]

She is 8 year-old. I just read somewhere that Benin is not part of the Hague convention on intercountry adoption, which might cause another hurdle.

[Jojo92122 1,924]

You may benefit from a consultation with an immigration lawyer knowledgeable about international adoption.

[Brother Hesekiel 2,236]

Whether or not you can adopt your niece from Benin depends on the laws of that country. The U.S. has no say in foreign adoption matters.

Getting an immigrant visa for the to the U.S. will only work if your niece is under the age of 16, if both her parents are dead, and if the adoption has not taken place to get immigration benefits.

There are many U.S. citizens who adopted children in a foreign country and were the charged with child abandonment in the U.S. after the embassy of that country pressed criminal charges against the U.S. citizen who found themselves unable to import them to the U.S. That's a felony, by the way. A U.S. one