Question regarding hubbys nephews

[bjgonzalez 0]

My husband is going through the immigration process, currently waiting on waiver appointment. I have a few questions but 1st here is a little background. My husband has been in Mexico since March caring for his 2 nephews. Nephew #1 is 11 and his mother( hubbys sister) dropped him off at her fathers house and now no one can find her. On his cert. of birth there is no father listed, only the mother and the mothers family. On Nephew #2 is 10 his mother ( hubbys sister) died 2 1/2 years ago and he had been living with nephew #1 and his mother till she dropped them off with her father. Nephew #2 does have a father listed on his cert. of birth, however he has had zero contact with child and now my hubby is trying to locate him to see if he will sign over all parental rights. Regardless if my husband gets his LPR he wants to adopt his nephews and if he has to stay in mexico I will relocate. My questions are should he go ahead and try to adopt them while in Mexico or wait and see if he gets his LPR? If he does adopt in Mexico and gets his LPR how do we petition for the boys to come to the US? I have view all the rules the US has however I cannot find any information of how to do the adoption in mexico. Can anyone lead me in the correct direction?

[canadian_wife 1,829]

Unless the children are legally orphans, USCIS will not recognize the adoption of chlildren with living parents for immigration purposes

Sorry

Good luck

[bjgonzalez 0]

Unless the children are legally orphans, USCIS will not recognize the adoption of chlildren with living parents for immigration purposes

Sorry

Good luck

I understand that part my problem is how to I prove they are orphaned. One mother abandoned her son the other mother died. As for the fathers one doesn't exist and the other doesn't want to be the father. Is there anything that can be done is this situation. Does my hubby need to go petition with the state where he lives to determine they are actually orphaned?

[Harsh_77 718]

Legally orphan means both father and mother must have passed away. If they are alive but they dont want to do anything with their kids will not work.

Unfortunately thats how the present rule is after ppl have misused the adoption in past, so your hubby cannot get them to US without providing all 4 death certificates.

[canadian_wife 1,829]

The children you speak of still have (at least) 1 living parent. They are not orphans.

Orphans require, as Harsh said, 4 death certificates....unless you can produce those, the children do not qualify for immigration benefits, even if your husband legally adopts them and there is a termination of parental rights

I am sorry

Good luck

[bjgonzalez 0]

The children you speak of still have (at least) 1 living parent. They are not orphans.

Orphans require, as Harsh said, 4 death certificates....unless you can produce those, the children do not qualify for immigration benefits, even if your husband legally adopts them and there is a termination of parental rights

I am sorry

Good luck

Orphan doesn't me that all parents are dead. this is the definition I found on the USCIS website. Who is an Orphan?

Under U.S. immigration law, an orphan is a foreign-born child who:

does not have any parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents

OR

has a sole or surviving parent who is unable to care for the child, consistent with the local standards of the foreign sending country, and who has, in writing, irrevocably released the child for emigration and adoption.

But thank you for your help so far. I still need to find out what department or agency my husband needs to speak to in Mexico to prove the are Orphans.

[NigeriaorBust 4,087]

He will have to find out how to legally have parental rights terminated. He will have to show that the children have been in his care for 2 years. Because of historic abuse of relative adoptions the whole thing will be invesigated with a fine tooth comb. These children will never be able to petition their biological parents. I would recommend an lawyer as it would be a heartbreak to attempt thjis and not get it right.

[Boiler 46,125]

A lot of confusion:

http://adoption.state.gov/

Steps of the Process

Choose a Hague Accredited ASP and perhaps an immigration attorney.

Obtain a home study from someone authorized to complete a Hague adoption home study.

Apply to USCIS before adopting a child or accepting a placement for a determination that one is suitable for intercountry adoption.

Once USCIS approves the application, work with the adoption service provider to obtain a proposed adoption placement.

File a “petition” with USCIS, before adopting the child, to have the child to be found eligible to immigrate to the United States based on the proposed adoption.

Adopt the child, or obtain custody of the child in order to adopt the child in the United States.

Obtain an immigrant visa for the child.

Bring the child to the United States for admission with the visa.

Edited May 25, 2011 by Boiler

[bjgonzalez 0]

He will have to find out how to legally have parental rights terminated. He will have to show that the children have been in his care for 2 years. Because of historic abuse of relative adoptions the whole thing will be invesigated with a fine tooth comb. These children will never be able to petition their biological parents. I would recommend an lawyer as it would be a heartbreak to attempt thjis and not get it right.

I have started trying to find a lawyer both here and in Mexico that have had experience with this. So far I understand if he adopts through Mexico under a plenary ( plena) adoption that is the only way they can receive a U.S. Hague adoption visa. Im now stuck as to how to due a plenary adoption

[Boiler 46,125]

Usually Lawyers are not hard to find.

In this case you need 2 who are familiar with the process.

[canadian_wife 1,829]

Orphan doesn't me that all parents are dead. this is the definition I found on the USCIS website. Who is an Orphan?

Under U.S. immigration law, an orphan is a foreign-born child who:

does not have any parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents

OR

has a sole or surviving parent who is unable to care for the child, consistent with the local standards of the foreign sending country, and who has, in writing, irrevocably released the child for emigration and adoption.

But thank you for your help so far. I still need to find out what department or agency my husband needs to speak to in Mexico to prove the are Orphans.

Thanks guys for the correction, I really thought they had to be dead for adoption reasons

Thanks