Adoption

[Bushra 2]

Hi guys, I am a citizen and I have a situation and I do need advice or help with. Okay One of my brother is divorced and remarried, he has two years old son from his first wife and my mother was taking care of him in Pakistan. Now my mother came here in the states as an immigrant to live with me as I have school so she is here to help me with my kids.

The problem is this, my nephew is back home in Pakistan and his step mom is so mean to that little kid. Is there any way that I can adopt him or my mother can as a green card holder apply for him. My brother has his legal custody and his mom doesn't want any contact with him. ( God knows what kind of mom she is?) I will appreciate your help and advice so I can prepare his file and bring him here. Me and my husband is willing to adopt him as we have two girls and the second one born with down syndrome and we do not want any more kids. My doctor said she can give any paper work regarding that.

Any help will be much appreciated. Thanks in advance

Bushra

[catknit 144]

Someone with more experience should come along shortly but....

In general, no. This typically can't be done as the child would need to be an orphan [namely, the bio parents are deceased or can't be found]. HOWEVER, there is a way to adopt when the birth parents are still living by having adopted the child overseas AND lived there with the child for 2 years prior to applying for immigration benefits. But, and here is where it gets messy for your nephew - I'm not sure what the status of the adopted-mother has to be. Plus, I think she would have had adopted the nephew legally prior to the 2 year clock starting. As she has already immigrated here, I'm not sure how it would be handled.

Do a search here on vj about adopting niece or nephew. There have been quite a few topics about it recently.

[sn530 27]

Seems interesting..... well like they say were there is a will there is a way!

I think one method would be if you can somehow establish that you are legal guardian of the child.... this is a lengthy process. One of my friends adopted a child from Pakistan he was there for 7 months resolving immigration and adoption issues through the eidie foundation.

[Penguin_ie 5,993]

Legal guardianship is not enough. As the parents are still alive, the only way you can adopt the child for immigration purposes is to move to Pakistan for 2 years and have physical custody of the child for that time, then get him a visa.

How old is the child? Maybe sending him to a good boarding school is an option?

[Bushra 2]

Seems interesting..... well like they say were there is a will there is a way!

I think one method would be if you can somehow establish that you are legal guardian of the child.... this is a lengthy process. One of my friends adopted a child from Pakistan he was there for 7 months resolving immigration and adoption issues through the eidie foundation.

I appreciate your replies guys, The problem is this I can't stay with him for two years. I just had a baby with down syndrome that is why my mother is here to help me. My life is extremely busy with my kids, school and job. And top of all that my new born gonna have her special needs.

Is this possible if you could ask your friend or I could possibly talk to him. How he did all that. I will appreciate a lot.

Thanks once again.

[aaron2020 11,651]

I appreciate your replies guys, The problem is this I can't stay with him for two years. I just had a baby with down syndrome that is why my mother is here to help me. My life is extremely busy with my kids, school and job. And top of all that my new born gonna have her special needs.

Is this possible if you could ask your friend or I could possibly talk to him. How he did all that. I will appreciate a lot.

Thanks once again.

Your nephew has two living parents. Under US laws, in order to get an immigration visa through adoption with two living parents, the adoption has to be either 1) 2 years of the adopting parents living with the adopted child or 2) an adoption not primarily motivated for immigration through an adoption agency with strangers who are adopting an unrelated child.

USCIS is well aware that many uncles and aunts want to adopt their nephews and nieces solely to bring them to the US and give them better lives. Later, the children will return to the biological parents. This is not right. It is fraud because the adopting parent will act as an uncle or aunt. The adopting uncle or aunt will never be a true parent because the real parents will always be the child's real parents and continue to have contact with them. Seriously if you adopt your nephew - will the child call you his father or will he continue to call your brother his father?

If you can't move to Pakistan and live there for two years with your adopted child to establish a father/son relationship, then you can't bring him to the US. The US wants to see you develop a real parent/child relationship, and not an uncle/nephew relationship. Otherwise, this adoption is solely for bringing the child to the US. It's not going to work.