Obtaining a legal guardianship for my niece (a Japanese citizen), who wishes to go to high school in the states.

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My niece, a Japanese citizen, wants to go to high school in the U.S. next September. In order to enroll her in high school here, I was told that I would have to be her legal guardian. (I am a U.S. citizen.) So far, I found out that the niece's mother (my sister) had to designate me as her power of attorney in a document in Japan and have it officially translated into English. When I receive it in mail, I will have to file an application for her guardianship at the local county court and present the translated document with it. Is this the right approach? How long does it take to process it? I may move to Montana next year. Is it better to do it in that state? I am planning to have the niece apply for a student visa after the school accepts her enrollment. I will appreciate for your advice.

Attorney Answers

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Ruth Mcmahon ·
You should consult a guardianship attorney in South Dakota to begin the process. It probably will not take too long to do so and your neice will probably need the guardianship order when she applies for her student visa. A guardianship opened in South Dakota can be transferred to Montana. The attorney you consult should be able to advise you of the process. Sometimes this takes more time than opening the original guardianship. Good luck to you and your niece.
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Eric Jerome GoldTrusts AttorneyCalabasas, CACA licensed ·
My colleague is correct in that the guardianship may have to be submitted or preexisting before the student visa is approved. You should consult with a SD guardianship attorney for assistance. As for Montana, you should wait to handle that issue until you make the decision to actually move.
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