I agree with my colleagues. As her grandmother you do not qualify as an immediate relative. For her to immigrate as your adopted child she must live with you for two years in addition to other requirements.
Speak with an eperienced immigration attorney about the specifics of you case to determine whether there are any options.

Kyndra L Mulder, Esquire
Mulder Law Office
4110 Southpoint Boulevard, Suite 101
Jacksonville, Florida 32216
(904) 296-7702
immigration@mulderlawoffice.com

Located across the street form the USCIS in Jacksonville, Florida

Thanks for your inquiry. Before doing anything, consult with a licensed and competent immigration attorney. Adoption of a foreign national can be a rather complicated process on its own and then the immigration issues that go with bringing that person to the US can likewise present a mountain of red tape thru which you must proceed.

Some general information is that the adoption must occur prior to the child turning 16. An exception to the age limitation can occur where a set of siblings is being adopted and one or more have already turned 18. The other important consideration here is that US immigration law treats "orphans" differently from children who are not orphans. And what one may consider as an "orphan" for purposes of common knowledge is to always what the immigration laws consider as an "orphan" for the purposes which you intend.

One of the objectives of the Immigration and Nationality Act ("Act") is to avoid intra-familial adoptions in certain circumstances. Just like there can be sham marriages where a couple enter a marriage for the sole purpose of evading the immigration laws, there to can be sham adoptions (and even sham divorces). So when the paperwork comes across an immigration services officer's desk showing the adoptive parent biologically related to the adoptive child, additional requirements may apply.

These additional requirements establish a waiting period of two years prior to the eligibility to submit a visa petition to request an immigrant visa for the adoptive child to come and live in the US. This means that CIS will not consider an immigrant visa petition (Form I-130) on behalf of the child if the adoptive parent cannot establish that the parent has been exercising parental control over the child for 2 years prior to submission of the petition. So, it can get complicated.

A common question which is asked is whether a sibling can adopt another sibling's child and bring that biological niece/nephew to the US as the adoptive parent's "child". Although the biological relationships in your inquiry are a little different, the idea is the same. There is a blood relationship between the petitioning relative and the beneficiary relative and that is always a situation which raises flags over at CIS. So rather than moving forward with the process of completing the foreign adoption, arm yourself with a good attorney who can explain the limitations that may apply when it comes to US immigration law.

Establishing parental control is more than paying bills. If the biological parent remains intertwined with the child's rearing after the adoption, there may be a lack of the parental control needed to establish a bond fide parental relationship. Also important to keep in mind is the fact that once the adoption is completed, the child and the biological parent are no longer related.

Sometimes folks think that adopting the child is an easier way to bring the child and his parent to the US where backlogs for famil based visas are quite lengthy. This is not the case. Once an adoption occurs, parental relationships are terminated. This means that the adoptive child can no longer apply for a parent's immigrant visa when the child comes of age.

You have done the right thing and opened the discussion. Surf the net, find a good attorney and chat it up for a bit to see if adoption is th right choice for everyone involved. If you still have questions, get a second opinion. And make sure that you are aware of the operation of local country laws that it will be involved when it comes to the adoption itself. My guess is that just about any immigration lawyer will not have much in the way of an ability to represent you in the adoption process in Hungary.

Good luck.

Adoption is a possible way to bring your granddaughter to live with you in the U.S. However, it will be a complicated process as Hungary is a Hague Adoption Country.* Although relative adoptions are allowed all of the specific steps will need to be followed to comply with the I-800 U.S. process and the adoption process in Hungary. In addition, she can only immigrate to the U.S. under the I-800 Hague process if she meets the definition of “Hague orphan.” More information is available at the Department of State website at adoption.state.gov. I suggest that you first consult with a U.S. immigration attorney to evaluate whether your granddaughter qualifies as a Hague orphan. If so, you should then contact an adoption agency or attorney in Hungary regarding the adoption requirements. If adoption is not an option, you may also want to consider bringing her to the U.S temporarily on a student visa. I will be glad to evaluate your case.

Best wishes.

C.J. Lyford
lyfordlaw.com

*I am assuming that you will not be able to live abroad with your granddaughter for two years. If this is a possibility, you may be able to follow a different process to immigrate her to the U.S.

What you are considering is VERY DIFFICULT to do.

Although you can go ahead and adopt her, you can't file immigration papers until after she's lived with you for 2 years .... and the US government won't give her a visa just to come and live with you.

Talk to an attorney to explore options.

___________________________________________________________
Franco Capriotti - Senior Immigration Counsel
CAPRIOTTI INTERNATIONAL LAW
franco@capriotti.com -- 1-503-803-0055 -- www.capriotti.com
SKYPE MULTI-PARTY VIDEO AVAILABLE
___________________________________________________________

What do her parents think? This is not simple at all. You definitely need to consult with a lawyer.