Perm Res bring nephew to US

[sa2010 0]

Hello,

I'm a permanent resident in the United States, citizen in South Africa.

I live in the US. I would like to bring my nephew (age 8) to the US to live with me.

My family is researching options on how I can bring him here. My sister will sign over

parental rights if necessary, or give me guardianship.

What are my options?

Thanks

[canadian_wife 1,829]

Nephew is not an immediate relative so you cannot petition for him. Sadly, the only way you can bring your nephew over is if he is orphaned. Signing over parental rights doesn't classify him as an immediate relative

you may look into a tourist visa or a student visa for the child

Good luck

[sa2010 0]

Thanks- can an 8 year old child come on a student visa?

I also meant to add to original post that I know sometimes they require you to have lived w/ the child for 2 years prior to adoption.

My nephew lived with me for 3 years in SA before I came to the US.

Thanks

[RICARDO4EVA2 194]

Thanks- can an 8 year old child come on a student visa?

I also meant to add to original post that I know sometimes they require you to have lived w/ the child for 2 years prior to adoption.

My nephew lived with me for 3 years in SA before I came to the US.

Thanks

but wasnt an orphan.

If student visas are issued to minors it is for a private schools since there's none issued for public schools. It is very rear and almost impossible.

[canadian_wife 1,829]

Thanks- can an 8 year old child come on a student visa?

I also meant to add to original post that I know sometimes they require you to have lived w/ the child for 2 years prior to adoption.

My nephew lived with me for 3 years in SA before I came to the US.

Thanks

It doesn't matter, the child is not an orphan. You cannot petition for him.

Good luck

[sa2010 0]

It doesn't matter, the child is not an orphan. You cannot petition for him.

Good luck

I know he's not an immediate relative. I was trying to adopt him in SA then bring him here.

[canadian_wife 1,829]

I understand. Even if you adopt him, you cannot petition for him. The child has parent(s) in SA - as long as that is the case you cannot petition for him

Good luck

[NigeriaorBust 4,087]

Many people "adopt" relatives in order to get around immigration laws. So they changed the laws to make it so that the parents have to be dead or in rare cases declared unable to support the child to local standards. Just signing him over is not good enough for immigration purposes and I doubt your sister is willing to die so that the child will qualify as an orphan. To bring him over as a student the child would have to show that they have the money to pay for schooling. It is rare for private schools to take international students. You can't send him to a public school. The only legit path is the long slow legal one , you become a citizen ,petition for your sister and then she brings the child , who would by then be an adult.

[Jojo92122 1,924]

Read this: http://adoption.state.gov/about/who/relatives.html

Is it possible for me to adopt a family member?

Yes, depending on your and the child’s situation. Prospective adoptive parents wishing to adopt relatives from overseas should be aware of U.S. Government laws and regulations that may prevent such relatives from being able to enter the United States.

Even if the adoption is legal in South Africa, your nephew will not be able to immigrate to the US as your child. The adoption will be viewed as a sham to bring him to the US.

[Penguin_ie 5,996]

Even if the adoption is legal in SA it won't work for immigration purposes.

Your options are:

- a student visa (fast, but will cost a lot as you need to send him to private school), where he'll need to go home after he finishes studying or your money runs out.

- Petition for the sister (takes several years), who can then bring her son.

[Jason_Do 7]

- Petition for the sister (takes several years), who can then bring her son.

NOT several years....but a DECADE.... If the US was so easy on immigration laws, then there will be no more lands for us to live in...seriously

[Export of Dhaka 8]

Nephew is not an immediate relative so you cannot petition for him. Sadly, the only way you can bring your nephew over is if he is orphaned. Signing over parental rights doesn't classify him as an immediate relative

you may look into a tourist visa or a student visa for the child

Good luck

What difference does it make that the nephew is or isn't an immediate relative? OP is an LPR so "immediate relative" classification doesn't apply to him anyway.

[canadian_wife 1,829]

Yes it does, the LPR can file for a spouse or child under 21. Those are both considered immediate relatives.

Good luck OP

[NigeriaorBust 4,087]

Only if the child qualifies. With the sister still alive the child would not qualify as an adopted child, and where is the boys father ?

[sa2010 0]

Thanks everyone for the posts.

The father is also alive in SA. They are not married. They are both supportive of him coming here.

So I have gathered that the only way to get my nephew here is by:

a. student visa- must attend private school and leave when school is done

b. petition for my sister, then she can bring him - but it will take many years.

also- i guess c. she could try to get a visa through the visa lottery.

if he comes here on a tourist visa and stays- i know that is an overstay- can i file for a waiver based on hardship for him so he could stay here?

If anyone has other information I would greatly appreciate it.

Thanks