grandmother has legal custody of grandson

[perez525 8]

Good morning,

My question is for my mother in law. Her daughter a USC petitioned for her and it was approved. My mother in law has legal custody of her grandson who is 19 years old since he was born. My sister in law did not include her nephew's name on the original I-130 therefore the interview date notice will not have his name. Can anyone tell me if he is eligeble to come to US with his grandmother? If so what does she need to have as proof? And would he be able to attend the interview?

Or, does he have to wait until she (my mother in law) is here to petition for him?

[Penguin_ie 5,996]

Neither- he is not part of the current petition and his grandmother cannot petition for him as being a grandma (even with legal custody) is not a petitionable relationship for immigration reasons.

How old is the grandson, and are either of his parents still alive? Might adoption be an option?

Alternatively, if the child's mom (grandma's other daughter?) is still alive, grandma can petition her daughter, ie the child's biological mother, and the child can come as a derrivative.

Edited February 13, 2013 by Penguin_ie

[perez525 8]

Neither- he is not part of the current petition and his grandmother cannot petition for him as being a grandma (even with legal custody) is not a petitionable relationship for immigration reasons.

How old is the grandson, and are either of his parents still alive? Might adoption be an option?

Alternatively, if the child's mom (grandma's other daughter?) is still alive, grandma can petition her daughter, ie the child's biological mother, and the child can come as a derrivative.

He's 19, so I'm guessing adoption is out of the question. But I will let her know, it seems that the only way he can come is when his mom is allowed to come which may not happen until a few years from now because by then he will be over 21. (My husband's sister still alive)

Thank you very much for the clarification!