bringing children

[oh hene wa 0]

I am not sure how to give advice to someone close to me so I am going to ask it here

and see what is said.

A co worker has married a man from Nigeria and he is raising his brothers children as his own, the wife

wants him to bring the kids with him. (there are 3 children:11, 9, 6). He is not the father but he has raised all

of the kids as his own. His brother has not been able to work much, and he gave her husban the children to raise

they were thinking about adopting the kids, my co worker does not want her husband to leave the kids.

Please can someone help me out here so I may be able to advise her on getting her family here.

They have been married for four years and she is just now wanting to start the process if only all of them can

come to the US. She goes there twice a year but can only stay a week at a time. She really wants her family

with her. This is new to me and I am not suer what to say and I dont want to say the wrong thing.

Thank you in advance for any help any one might give.

[Dakine 26]

There isn't any visa for nieces and nephews. Only way would be to adopt.

[oh hene wa 0]

There isn't any visa for nieces and nephews. Only way would be to adopt.

Tell me do you have any idea that even if the husband and the wife in US adopt can she

call them her children or her step children?

Not sure how to explaine to her how to file the papers?

does she need to file as step mom or as mom if she adopts them? does she need I-130 or another form?

[aaron2020 11,651]

There isn't any visa for nieces and nephews. Only way would be to adopt.

Tell me do you have any idea that even if the husband and the wife in US adopt can she

call them her children or her step children?

Not sure how to explaine to her how to file the papers?

does she need to file as step mom or as mom if she adopts them? does she need I-130 or another form?

Haole is correct. They only way is for your friend and her husband to adopt the children. However, there are very specific rules to prevent fraud; i.e. adopting just for immigration benefits but the kids maintain a parent-child relationship with their biological parents. Even if a child is legally adopted under local law, the USCIS may reject an immigration application for that child filed by the adopted parent. The big requirement is that the child is an "orphan." One definition of orphan is a single parent who cannot care for the child. This may be your friends' case. I recommend they retain an immigration lawyer to help with this as it is very fact specific and a lawyer can help get the supporting documents.

[oh hene wa 0]

There isn't any visa for nieces and nephews. Only way would be to adopt.

Tell me do you have any idea that even if the husband and the wife in US adopt can she

call them her children or her step children?

Not sure how to explaine to her how to file the papers?

does she need to file as step mom or as mom if she adopts them? does she need I-130 or another form?

Haole is correct. They only way is for your friend and her husband to adopt the children. However, there are very specific rules to prevent fraud; i.e. adopting just for immigration benefits but the kids maintain a parent-child relationship with their biological parents. Even if a child is legally adopted under local law, the USCIS may reject an immigration application for that child filed by the adopted parent. The big requirement is that the child is an "orphan." One definition of orphan is a single parent who cannot care for the child. This may be your friends' case. I recommend they retain an immigration lawyer to help with this as it is very fact specific and a lawyer can help get the supporting documents.

wow thank you there is so much to learn and to do. I know that she would never take the children from

the biological parents, like she would not want them to be taken away from her. She and her husband do plan to go back for family visits every 3 or 5 years depending on the kids schools and the work schedules her or husband might have.

Than sounded good to me but I dont know what the law says is good and reasonable. My friend said she wants everyone to try to be one big happy family for the kids. She wants to do what ever to make life the best for the kids she says, even if she has to move there for any length of time.

Thank you for your help. I will tell my friend.