How do I adopt my Chinese-born wife’s 23 year old unmarried daughter so that she can become American citizen?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How do I adopt my Chinese-born wife’s 23 year old unmarried daughter so that she can become American citizen?

My wife got marriage visa approval and will move to US to live with me in 2016. Her daughter has lived with me for over one year now while on an F-1 student visa. Is adoption a good way to keep her in the US with us?

Asked on December 10, 2015 under Immigration Law, California


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unfortunately, you cannot adopt her for immigration purposes because for that she would have had to be adopted before she was 16.  It is unfortunate that you did not seek legal advice for this sooner or if you did perhaps you did not receive correct information but if you had petitioned for your wife as a fiancee while her daughter was under 21, the daughter would have qualified for the green card as the minor child of a fiancee.  However, now that she is over the age of 21, that is not going to be possible.  The mother will need to petition for her daughter once she is in the US as a green card holder and that process will take several years.  In the alternative, once the daughter receives her degree and gets a job, she can be sponsored for her green card by her future employer.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption