IfI have a green card and my son died in India leaving a wife who is unable to take care of their child, canI apply for my grandchild’s visa?

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IfI have a green card and my son died in India leaving a wife who is unable to take care of their child, canI apply for my grandchild’s visa?

I have the custody of the child. I’m 74 years old.

Asked on January 15, 2012 under Immigration Law, California

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You cannot petition for a grandchild; however, if you officially adopt the grandchild, then you can petition for him/her as your child.  Since you are a green card holder, it will take some time (2-4 years).  Once you become a US citizen, however, it will speed up the process considerably.


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