How to Adjust Immigration Status of an Adopted Niece or Nephew

Adjusting the immigration status of an adopted niece or nephew requires following a specific set of steps. Here is an overview of the process:

1. Determine eligibility: To be eligible for adjustment of status, the adopted niece or nephew must have been legally adopted before the age of 16 and must be unmarried and under the age of 21 at the time of application.

2. File the I-130 Petition: The first step is for the U.S. citizen or lawful permanent resident who adopted the child to file an I-130 Petition for Alien Relative with U.S. Citizenship and Immigration Services (USCIS). The petition should include evidence of the legal adoption and proof of the relationship between the petitioner and the adopted child.

3. Wait for the I-130 Petition to be approved: Once USCIS approves the I-130 Petition, it will be forwarded to the National Visa Center (NVC).

4. File the I-485 Application: The next step is to file an I-485 Application to Register Permanent Residence or Adjust Status with USCIS. The application must be filed within one year of the availability of an immigrant visa number.

5. Attend the Biometrics Appointment: After filing the I-485, the adopted niece or nephew will receive a notice to attend a biometrics appointment, where USCIS will take fingerprints, photograph, and other biographical information.

6. Attend the Interview: USCIS will schedule an interview with the adopted niece or nephew to determine if they are eligible for adjustment of status. The petitioner may also be required to attend the interview.

7. Receive a decision: If the application is approved, the adopted niece or nephew will receive a green card and become a lawful permanent resident of the United States.

It's important to note that the process of adjusting the immigration status of an adopted niece or nephew can be complex, and it's recommended to seek the assistance of an experienced immigration attorney to ensure the best chances of success.