Adoption

[Romabell 6]

Here is the case:

A friend of mine just arrived in the USA. Her family (husband and three kids) won Green Card thru the Green Card Lottery.

Her mother-in-low is residing in the USA. She is a naturalized citizen for a few years now.

Here is the question:

Is it possible for the mother-in-low to adopt the three kids, so that they can gain citizenship earlier than the 5 years

waiting period?

Some details:

- the kids were born out of the USA, their adge is 3, 8 and 13 y/o

- no one of the kid's parents is a USA citizen (just Green Card holder)

- the grandmother of the kids is not USA born citizen

Is it true that an american citizen has to live together with the kids for three years prior to file for adoption?

Thank you for taking your time to look at my topic.

Thanks to everyone, who can help with advise or a link to an official website for information pertaining this case.

Edited October 16, 2012 by Romabell

[Boiler 45,765]

You forgot the biggie.

Why?

[Romabell 6]

You forgot the biggie.

Why?

Sorry, I do not know what "biggie" means.

Could you please clarify? Thanks.

[VanessaTony 3,567]

Sorry, I do not know what "biggie" means.

Could you please clarify? Thanks.

The "biggie" means, the big question. WHY do the kids need citizenship earlier than 5 years? WHY would the grandmother adopt them?

[Boiler 45,765]

Why is it so important for them to naturalise 2 years early?

[Romabell 6]

Why is it so important for them to naturalise 2 years early?

Thank you!

I will try to explain why.

The parents of the kids used to participate in the Green Card Lottery for over ten years now.

Well, finally they are here,but meanwhile thier situation has changed.

They are supposed to graduate from an university. Therefore they would like to go back to their

country to compete their education. They want to leave the two school adged children here,

because the kids have been already enrolled in a local school here in USA. They are

concerned about the kids immigration status while they are going to be away. That's why the

grandmother would like to adopt them, so the kids maintain legal immigration status while the

parents are away.

I hope this says enough.

[Boiler 45,765]

Then pointless, sounds like the parents need to make sure they maintain their status but once the children are PR's then their parents status is immaterial.

[Romabell 6]

Why is it so important for them to naturalise 2 years early?

It is not important for them to naturalize the kids.

They are afraid to leave the kids here while they are away, because the kids gained their

immigration status thru the parents. Plus, the parents are going to return to the USA after

they complete their education. So, they do not want for the children to be traveling with them

back to the homecountry and then again back to the USA.

[NigeriaorBust 4,087]

How long will they need to complete their education ? It may be possible for them to do so and leave the children with the grandmother as a legal guardian.

[VanessaTony 3,567]

It is not important for them to naturalize the kids.

They are afraid to leave the kids here while they are away, because the kids gained their

immigration status thru the parents. Plus, the parents are going to return to the USA after

they complete their education. So, they do not want for the children to be traveling with them

back to the homecountry and then again back to the USA.

Once the kids have their GC they are NOT tied to the parents. They got their visa due to the parents, but not the GC's.

The kids can legally stay here with their own greencards. They do NOT need to be adopted by the mother-in-law but I WOULD put some sort of guardianship in place so she can make legal decisions for the children once the parents have left.

[Romabell 6]

How long will they need to complete their education ? It may be possible for them to do so and leave the children with the grandmother as a legal guardian.

About a year.

[NigeriaorBust 4,087]

They should apply for a reentry premit, have guardianship papers drawn up to give tempory custody to the grandmother and finsih their studies.

[Romabell 6]

The kids can legally stay here with their own greencards.

That's fine, but the kids are 8 and 13 y/o.

They are underadged, so they need someone to take care of them.

That's why the parents believe it is best if the grandmother adopts the kids.

I think the parents are right. One year is a long time and they need to know that

if a sutuation occurs, the grandmother has the legal right to make a decition on

kids behalf.

[VanessaTony 3,567]

That's fine, but the kids are 8 and 13 y/o.

They are underadged, so they need someone to take care of them.

That's why the parents believe it is best if the grandmother adopts the kids.

I think the parents are right. One year is a long time and they need to know that

if a sutuation occurs, the grandmother has the legal right to make a decition on

kids behalf.

That's why they give her guardianship/legal custody. There does NOT need to be an adoption.

Personally, not being a parent myself, I would NEVER "give my kids away" voluntarily. Adoption is a big deal, legal custody is not. They can get the kids back on legal custody, easily. Adoption, not so easily.

[Deputy Purple 1,294]

Umm, yeah as others have said legal guardianship & a re-entry permit are te proper route.