Can my mother petition my daughter? 3 Answers as of July 19, 2011I am under the E-3 skilled workers category. I have no idea how long it will take to have a Visa to work in the US. My NCLEX exam expired last year and my VISA SCREEN is valid only until next year. My mother is already a US immigrant. I am still in the Philippines; I quit my nursing job and became a single parent. The father of my child is a US citizen but does not want to sponsor his child; so, I named my daughter after my family name. I've read in some forums that a US immigrant grandparent could not sponsor for her granddaughter. However, since my mother and my daughter have the same family name, is it possible for my mother to adopt and to petition my daughter? If so, what are the procedures?
Fong & Associates | William D. Fong
Your mother can adopt your child and petition for her as an immediate relative of a US citizen parent if (1) the child is under 16 at the time of the adoption, (2) your mother has two years of legal custody and (3) two years of physical custody of the child. The surname of your daughter is not relevant.
Answer Applies to: Texas