Can my mother petition my daughter? 3 Answers as of July 19, 2011

I 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?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
Your mother can petition for you and your daughter as long as she is under 21 (or subject to CSPA) can come with you. If you are not married, it still takes many years.
Answer Applies to: New York
Replied: 7/19/2011
Fong & Associates
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
Replied: 7/15/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
You read it right! No such category exists. Having same last name does not change anything.
Answer Applies to: Nevada
Replied: 7/14/2011
Click to View More Answers: