Sivabrata Das

My friend is an American Citizen and his wife is a citizen of India and a green card
holder (she has presently applied for a citizenship). They do not have any children.
In 1999 they had adopted their niece in India (non-orphan). At that time she was 14
years year old.

She came into the USA on a tourist visa. They also adopted her here, through the local
court. She stayed with them for a year. (Her stay did exceed her visa period).

In October 1999 my friends home State in India was hit by a big natural calamity. My
friends daughter was concerned about her other family members and friends and was
miserable here and wanted to go back. She did eventually go back in 2000, after completing
one year of schooling here. And also about one year of stay with my friend.

Now she stays with her maternal grand parents and goes to school in India. My friend and
his wife do miss her a lot and would like to come back to the USA. She is now willing to
come back here (after seeing that all her friends and family members are all safe).

In May of 2001 they would have had two years of legal custody of her, though she has only
stayed with them for only one year. My friend and his wife are planning to adopt another
baby (orphan) from India. They do very much want to have their first child (niece) here
with them. Is it possible for her to apply for her green card or Citizenship?. Also, they
do not to jeopardize their immigration/adoption for the second child (orphan) that they
plan to get.

Any advise, suggestion, or reference would be highly appreciated.

Please email at [email protected]

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Sylvia Ottemoeller

Sivabrata Das wrote:

> My friend is an American Citizen and his wife is a citizen of India and a green
card holder (she has presently applied for a citizenship). They do not have any
children. In 1999 they had adopted their niece in India (non-orphan). At that time she
was 14 years year old.
>
> She came into the USA on a tourist visa. They also adopted her here, through the
local court. She stayed with them for a year. (Her stay did exceed her visa period).
>
> In October 1999 my friends home State in India was hit by a big natural calamity.
My friends daughter was concerned about her other family members and friends and was
miserable here and wanted to go back. She did eventually go back in 2000, after
completing one year of schooling here. And also about one year of stay with my friend.
>
> Now she stays with her maternal grand parents and goes to school in India. My
friend and his wife do miss her a lot and would like to come back to the USA. She is
now willing to come back here (after seeing that all her friends and family members are
all safe).
>
> In May of 2001 they would have had two years of legal custody of her, though she
has only stayed with them for only one year. My friend and his wife are planning to adopt
another baby (orphan) from India. They do very much want to have their first child (niece)
here with them. Is it possible for her to apply for her green card or Citizenship?. Also,
they do not to jeopardize their immigration/adoption for the second child (orphan) that
they plan to get.

They can file Form I-130 for their adopted daughter, but I think that the two-year
co-residence requirement must still be completed before it can be filed. See
http://www.fwcc.org/m249sec6.htm, Section A.

This means that either (1) one parent or both moves to India and lives with the daughter
for the rest of the time or (2) somehow the daughter manages to enter the U.S. to complete
the two year co-residence requirement. The only status I could see in which the daughter
could enter the U.S. is "humanitarian parole," which is pretty hard to get. But maybe it's
a possibility. See http://www.ins.gov/graphics/services/humanparole/. The daughter can't
legally enter using B-2 status, or F-1, or anything else with a requirement for temporary
intention.

After the requirements have been satisfied, the U.S. citizen parent can file Form I-130.
The daughter can either undergo consular immigrant visa processing, if she is outside the
U.S., or adjustment of status, if she is inside the U.S.

They really should get a good immigration attorney with experience in this area.

Here is the relevant part of the law, a definition of "child," Immigration and Nationality
Act section
101(b)(1)(E):
__________________

(E) (i) 17a/ a child adopted while under the age of sixteen years if the child has been in
the legal custody of, and has resided with, the adopting parent or parents for at
least two years: Provided, That no natural parent of any such adopted child shall
thereafter, by virtue of such parentage, be accorded any right, privilege, or
status under this Act;