A little special case

[bungudi 0]

Hello Everyone,

I need some help as soon as possible. I am a USC and I would like to bring my Niece (Sister's daughter) her in the US as my daughter. Long story short, When my little sister gave birth to her daughter the dad's did not take responsibility and denied being the father. On her birth certificate I am the dad.

So the birth certificate has my sister name as mom and mine as dad.

What are my options to bring her in the state? Does she get the auto citizenship being my "daughter" or do I need to file the I-30 for her?

Please help,

Thanks

[Pitaya 2,577]

You should consider contacting an immigration attorney.

[Penguin_ie 5,994]

You definitely need an immigration attorney. Officially, the child is the product of incest (brother and sister), plus you lied on an official form )birth cert).

[Transborderwife 4,666]

Agree with getting an immigration at tourney. This is not an easy case.

[canadian_wife 1,822]

WOW. What a messy case. Essentially you are saying the child is a product of incest (which yes, with the data forms needed for this case that will be very apparent).

Plus you lied on official forms with the intentions of gaining USA immigrant benefits.

Yes, certainly lawyer time, and a very good one

good luck

[kausar 26]

Hello Everyone,

I need some help as soon as possible. I am a USC and I would like to bring my Niece (Sister's daughter) her in the US as my daughter. Long story short, When my little sister gave birth to her daughter the dad's did not take responsibility and denied being the father. On her birth certificate I am the dad.

So the birth certificate has my sister name as mom and mine as dad.

What are my options to bring her in the state? Does she get the auto citizenship being my "daughter" or do I need to file the I-30 for her?

Please help,

Thanks

what if they ask for DNA?

[bungudi 0]

I Guess I did not present the case as I should have. On the birth certificate my name is mentioned as the legal guardian not the dad. Should I still consider an attorney?

Edited October 21, 2015 by bungudi

[canadian_wife 1,822]

Are you, though, the legal guardian? Or is the child residing with the mother in the mother's home country?

Good luck

[aaron2020 11,651]

Hi,

You can not file for a niece. Read the I-130 instructions. No one can file for a niece.

If you file for her as your daughter, then you will be committing immigration fraud. You are not her father, and she is not your daughter. You are her uncle, and she is your niece. It doesn't matter what her birth certificate list you as.

Edited October 23, 2015 by aaron2020

[Penguin_ie 5,994]

You cannot file for your niece at this time, even if you adopt her/ or legally responsible for her.

Four options:

- Move back to your country, adopt niece, have two years of physical custody of her abroad, then you can petition her as your daughter.

- Petition your sister, who can then bring her daughter if she does not age out. Takes 12+ years.

- Bring the niece here on an F1 student visa; this is available even for elementary school, but you'd need to pay school fees, and this is NOT a permanent option, there is no path to a greencard/ citizenship.

- Use the money you'd spend on visa petitions, babysitters when she is here etc to send her to a really good private school in your home country,