Wife's young siblings

[wiguy 0]

Hello all!

My wife is a permanant resident here in the U.S. She is from the Philipines, and has younger brothers who are there. Her mother was deceased prior to us meeting, and it seems her father has basically abandoned her brothers there. They are ages 10, 13, and 17 and are pretty much on their own. What are the chances we could immigrate them here? I know this is a long shot, and not likely, but she is forever asking me to try. I am pretty much up to speed on marriage type visa, but never looked into anything like this. Any help or advice anyone could give would be greatly appreciated. Thank you.

[aaron2020 11,651]

Hello all!

My wife is a permanant resident here in the U.S. She is from the Philipines, and has younger brothers who are there. Her mother was deceased prior to us meeting, and it seems her father has basically abandoned her brothers there. They are ages 10, 13, and 17 and are pretty much on their own. What are the chances we could immigrate them here? I know this is a long shot, and not likely, but she is forever asking me to try. I am pretty much up to speed on marriage type visa, but never looked into anything like this. Any help or advice anyone could give would be greatly appreciated. Thank you.

This is not a simple situation that a public discussion board can answer. You will definitely need an experience immigration lawyer who is familiar with Filipino law.

A idea that has been floated around here is that a US relative could adopt the children and then seek immigration benefits. The problem is that an adoption can be legal but the child will not qualify for an immigration visa because the child is not an "orphan" as defined by US immigration laws. (This is to prevent family members from adopting relatives to bring them to the US and the children maintaining a parent-child relationship with their biological parents = fraud.)

In your case, if the kids are truly abandoned (which is a case specific determination), then you or your wife can adopt them and help them immigrate to the US as your children. However, Filipino law on adoption is horrendous. You may end with a US immigration lawyer and a Filipino adoption lawyer.

You could start by contacting this lawyer; http://www.bastapinoy.com/immigration.htm. I don't know her. I just found this surfing the internet.

[wiguy 0]

Hello all!

My wife is a permanant resident here in the U.S. She is from the Philipines, and has younger brothers who are there. Her mother was deceased prior to us meeting, and it seems her father has basically abandoned her brothers there. They are ages 10, 13, and 17 and are pretty much on their own. What are the chances we could immigrate them here? I know this is a long shot, and not likely, but she is forever asking me to try. I am pretty much up to speed on marriage type visa, but never looked into anything like this. Any help or advice anyone could give would be greatly appreciated. Thank you.

This is not a simple situation that a public discussion board can answer. You will definitely need an experience immigration lawyer who is familiar with Filipino law.

A idea that has been floated around here is that a US relative could adopt the children and then seek immigration benefits. The problem is that an adoption can be legal but the child will not qualify for an immigration visa because the child is not an "orphan" as defined by US immigration laws. (This is to prevent family members from adopting relatives to bring them to the US and the children maintaining a parent-child relationship with their biological parents = fraud.)

In your case, if the kids are truly abandoned (which is a case specific determination), then you or your wife can adopt them and help them immigrate to the US as your children. However, Filipino law on adoption is horrendous. You may end with a US immigration lawyer and a Filipino adoption lawyer.

You could start by contacting this lawyer; http://www.bastapinoy.com/immigration.htm. I don't know her. I just found this surfing the internet.

Thank you for the reply and advice. Contacting the attorney you posted a link to is a place to start.

[YuAndDan 153]

Hello all!

My wife is a permanant resident here in the U.S. She is from the Philipines, and has younger brothers who are there. Her mother was deceased prior to us meeting, and it seems her father has basically abandoned her brothers there. They are ages 10, 13, and 17 and are pretty much on their own. What are the chances we could immigrate them here? I know this is a long shot, and not likely, but she is forever asking me to try. I am pretty much up to speed on marriage type visa, but never looked into anything like this. Any help or advice anyone could give would be greatly appreciated. Thank you.

IF, they can be classified as orphans, then perhaps you the US citizen may be able to adopt them.

Under age 16 perhaps, but if older than 16 the perhaps not.

Edited May 26, 2009 by YuAndDan

[aaron2020 11,651]

Hello all!

My wife is a permanant resident here in the U.S. She is from the Philipines, and has younger brothers who are there. Her mother was deceased prior to us meeting, and it seems her father has basically abandoned her brothers there. They are ages 10, 13, and 17 and are pretty much on their own. What are the chances we could immigrate them here? I know this is a long shot, and not likely, but she is forever asking me to try. I am pretty much up to speed on marriage type visa, but never looked into anything like this. Any help or advice anyone could give would be greatly appreciated. Thank you.

IF, they can be classified as orphans, then perhaps you the US citizen may be able to adopt them.

Under age 16 perhaps, but if older than 16 the perhaps not.

Yes. A person who is adopted when he/she is 16 years or older will not be able to get an immigration visa through the adopted parent.

In this case, the wife will have to become a US citizen and file an I-130 in the F4 category for the 17 years old brother. It will take at least 23 years before he can immigrate through his sister.

[wiguy 0]

Hello all!

My wife is a permanant resident here in the U.S. She is from the Philipines, and has younger brothers who are there. Her mother was deceased prior to us meeting, and it seems her father has basically abandoned her brothers there. They are ages 10, 13, and 17 and are pretty much on their own. What are the chances we could immigrate them here? I know this is a long shot, and not likely, but she is forever asking me to try. I am pretty much up to speed on marriage type visa, but never looked into anything like this. Any help or advice anyone could give would be greatly appreciated. Thank you.

IF, they can be classified as orphans, then perhaps you the US citizen may be able to adopt them.

Under age 16 perhaps, but if older than 16 the perhaps not.

Yes. A person who is adopted when he/she is 16 years or older will not be able to get an immigration visa through the adopted parent.

In this case, the wife will have to become a US citizen and file an I-130 in the F4 category for the 17 years old brother. It will take at least 23 years before he can immigrate through his sister.

So adoption is the only route? I was just thinking that perhaps due to their situation, and her being here that might be a circumstance that might allow them a visa. I am a realist, and know that if there is a scam to try and get someone into the U.S. someone has already tried it, so I know that things like this are a longshot at best. I appreciate the replies, and will keep checking into this on my own as well.

[aaron2020 11,651]

Hello all!

My wife is a permanant resident here in the U.S. She is from the Philipines, and has younger brothers who are there. Her mother was deceased prior to us meeting, and it seems her father has basically abandoned her brothers there. They are ages 10, 13, and 17 and are pretty much on their own. What are the chances we could immigrate them here? I know this is a long shot, and not likely, but she is forever asking me to try. I am pretty much up to speed on marriage type visa, but never looked into anything like this. Any help or advice anyone could give would be greatly appreciated. Thank you.

IF, they can be classified as orphans, then perhaps you the US citizen may be able to adopt them.

Under age 16 perhaps, but if older than 16 the perhaps not.

Yes. A person who is adopted when he/she is 16 years or older will not be able to get an immigration visa through the adopted parent.

In this case, the wife will have to become a US citizen and file an I-130 in the F4 category for the 17 years old brother. It will take at least 23 years before he can immigrate through his sister.

So adoption is the only route? I was just thinking that perhaps due to their situation, and her being here that might be a circumstance that might allow them a visa. I am a realist, and know that if there is a scam to try and get someone into the U.S. someone has already tried it, so I know that things like this are a longshot at best. I appreciate the replies, and will keep checking into this on my own as well.

I don't think the Philippines would let minor children leave the country permanently without a parent or court appointed guardian in place, even if it is to live with their sister. An experienced lawyer familiar with both US immigration laws and child custody in the Philippines is your best bet for help.

An older sibling has no legal rights to make decisions for a minor sibling even when the minor is an orphan; only a parent, legal guardian or court can do that.