Legal Question in Immigration Law in Illinois

Legal guardianship doesn't transmit immigration benefits. Adoption does. Adoption between family relatives is possible when the parents have died and/or are unable to care for the child and otherwise relinquish control over the child. The relationship with the child is thereafter legally severed. It's a serious consideration and not all family situations are approvable adoptions for immigration status. If he's an H-1B who simply happened to return home and his daughter is here, the thing to do is to apply for an F-1 change of status which should be done quickly so as not to be viewed as violation of status. This would occur upon departure of the father. Depending how much time passes between his departure and the application filing, the case could be filed here or she might have to return to her country. It's best to apply for her before dad leaves. Then it would be timely filed here.

You can still be responsible for her here in the states while she studies and possibly become her legal guardian. This is an issue of family law, not immigration law and if that is your sole question, it should be posed to the family law portion of law guru.

The above is informational and not legal advice. To establish an attorney client relationship, mutual agreement between us is necessary. Please don't rely on the above as advice in the context of an attorney client relationship. To learn more about that or for further information, feel free to call me at 818 609 1953 or write [email protected].

Sincerely,

Alice Yardum-Hunter, Certified Specialist, Immigration & Nationality Law

State Bar of CA, Bd. of Legal Specialization

She cannot hold H-4 status when her father, H-1B visa holder, will depart the USA. She can't be your dependent H-4 as she is your niece and not a daughter. A guardianship will not help her to be your dependent H-4.

If she attends college, she can talk to a DSO (designated school official) and ask for the form I-20, so she can immediately apply for a change of status from H4 to F1 (student).

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