17 y.o. nephew to USA?

[Grooveshark 0]

Hi. I just joined this forum. I’m an American citizen, and my wife is from Sri Lanka but is a US citizen now. Can we bring her nephew, aged 17, to America either to resettle or to visit? I think it’s not possible to bring a nephew to live here, unless we adopted him. What do we need to do to bring him here for a vacation? Which visa is best, and does anyone have any tips on the application process or can you suggest where we can get good guidelines besides the official guidelines?

We’d appreciate any help. Thanks so much.

[Boiler 46,121]

He applies for a B2 Visitor Visa, nothing much else to say.

[Ning 619]

Hi. I just joined this forum. I’m an American citizen, and my wife is from Sri Lanka but is a US citizen now. Can we bring her nephew, aged 17, to America either to resettle or to visit? I think it’s not possible to bring a nephew to live here, unless we adopted him. What do we need to do to bring him here for a vacation? Which visa is best, and does anyone have any tips on the application process or can you suggest where we can get good guidelines besides the official guidelines?

We’d appreciate any help. Thanks so much.

You could only offer advise about the application for a tourist visa. You wont have anything to do with the process. You will find the process of adoption to be very difficult and will not allow him to immigrate.

At 17 he has little chance of being granted a tourist visa. He would need to completely understand and comply with the strongest ties rule. He would have to keep in mind USCIS views each person with any type of visa as an intending immigrant. This makes it very difficult for people to obtain the visa.

He applies, steps up to the window and finds out his fate. That is the only way to ever know for sure if he can qualify.

[Penguin_ie 5,996]

Even adoption would likely not work to bring him over, unless he is an orphan.

B2 for a visit (difficult to get, but not impossible), or if you have the fund, you could sponsor him for an F1 student visa to study here for a semester/ year/ university.

[aaron2020 11,651]

You are correct that it is impossible to bring your nephew to the US permanently.

Adoption will not work for several reasons. Most importantly, there is an age cutoff for an adopted child. The adoption must occur before the child's 16th birthday. Your nephew is 17 so it's too late and he cannot receive an immigration benefit based on his adoption.

You cannot bring him over on a tourist visa. Your nephew applies on his own. He need to overcome the presumption that all visa applicants intend to illegally immigrate to the US. He needs to show evidence why he ha to return home. The reasons for coming to the US are irrelevant. Your information would be irrelevant. The visitor visa is all about him and why he has to return. If he is single and poor, it is harder than if he had a wife, children, and/or a good job to return to.

[Grooveshark 0]

Hi,

Thanks for your replies and info.

I’ll look into the B2 Visitor Visa.

Yes, I realise that the applicant has to make the application, but we will of course assist eg checking English language on the form. Presumably we have to send an invitation letter, I don’t know. No doubt these questions will be answered when I take a look at the B2 process.

Actually yes he is an orphan with both parents deceased, and we support him financially, as he has returned to school having dropped out first time around mostly through family upheaval and deaths. But a 17 year old orphan will no doubt not be seen as an orphan.

Maybe we should sponsor an F1 student visa but I don’t know what or where he will study especially as he is a couple of years behind where he should be.

The above comments and info were all really helpful, thanks for these!

[Boiler 46,121]

Firstly can you afford international rates for a US education?

[JohnR! 5,495]

Hi,

Thanks for your replies and info.

I'll look into the B2 Visitor Visa.

Yes, I realise that the applicant has to make the application, but we will of course assist eg checking English language on the form. Presumably we have to send an invitation letter, I don't know. No doubt these questions will be answered when I take a look at the B2 process.

Actually yes he is an orphan with both parents deceased, and we support him financially, as he has returned to school having dropped out first time around mostly through family upheaval and deaths. But a 17 year old orphan will no doubt not be seen as an orphan.

Maybe we should sponsor an F1 student visa but I don't know what or where he will study especially as he is a couple of years behind where he should be.

The above comments and info were all really helpful, thanks for these!

Take a look at this link about adoptions.

http://adoption.stat...child/visas.php

Although he is over 16 years of age, the case could be made to the effect you have been supporting him from an age at which would would have been eligible...

I am not saying it is a walk in the park, but certainly something you could look into.

If that does not work, get him a student visa and have him come as a student.

Edited July 23, 2012 by Gegel

[aaron2020 11,651]

Take a look at this link about adoptions.

http://adoption.stat...child/visas.php

Although he is over 16 years of age, the case could be made to the effect you have been supporting him from an age at which would would have been eligible...

I am not saying it is a walk in the park, but certainly something you could look into.

If that does not work, get him a student visa and have him come as a student.

Financial support is meaningless. There is no case to make as you suggest.

There is no exception that the adoption age limit. The adoption must be final by age 16.

While your suggestion is well intended, you are giving false hope with your unresearched suggestions. You cannot make suggestions that are wrong by using "could" as a positiv spin. The law says he can't, so don't say he could.

If he "could" as you suggest, then give us a citation to a case where it did happen. otherwise, you are giving suggestions not based on researched facts.

Once again, I applaud you for trying to help. But the wrong information can hurt.

Edited July 23, 2012 by aaron2020

[JohnR! 5,495]

Financial support is meaningless. There is no case to make as you suggest.

There is no exception that the adoption age limit. The adoption must be final by age 16.

While your suggestion is well intended, you are giving false hope with your unresearched suggestions. You cannot make suggestions that are wrong by using "could" as a positiv spin. The law says he can't, so don't say he could.

If he "could" as you suggest, then give us a citation to a case where it did happen. otherwise, you are giving suggestions not based on researched facts.

Once again, I applaud you for trying to help. But the wrong information can hurt.

It appears you have misunderstood my post.

Have a great day!

Edited July 23, 2012 by Gegel

[Grooveshark 0]

Hi all,

Thanks for commenting on my post and for information.

Gegel, the adoption thing looks like a long shot, and not sure it’s worth the time and effort as he’s now 17. Thanks though.

Boiler: Good point about the cost of US education. I think the course fees are high plus I think you have to show you have a large sum of cash in the bank? Is this correct?

Maybe if we sponsor him to study, that will make the USCIS think he isn’t planning on returning home, if he has family in America supporting him to study in America.

What kind of courses can one get a student visa for? Does it have to be a degree, or can it include vocational training (i.e. catering) or even languages? And can it be a part-time course?

Is an overseas student allowed to do part time work?

Sorry, this post just keeps leading to more questions.

thanks

[Boiler 46,121]

Proper Degree, why would he want to do a vocational course in the US? Or ESL classes?

Very limited work opportunities on a student visa, on campus not in the first year etc.

He would need to show he has the funds, or you have the funds, to pay for it.

[JohnR! 5,495]

Hi all,

Thanks for commenting on my post and for information.

Gegel, the adoption thing looks like a long shot, and not sure it's worth the time and effort as he's now 17. Thanks though.

Boiler: Good point about the cost of US education. I think the course fees are high plus I think you have to show you have a large sum of cash in the bank? Is this correct?

Maybe if we sponsor him to study, that will make the USCIS think he isn't planning on returning home, if he has family in America supporting him to study in America.

What kind of courses can one get a student visa for? Does it have to be a degree, or can it include vocational training (i.e. catering) or even languages? And can it be a part-time course?

Is an overseas student allowed to do part time work?

Sorry, this post just keeps leading to more questions.

thanks

Correct. It would be a very long shot and it might cost you a a lot of money.

Even with family here, if he came to study it would be easier to get a visa then to get a tourist visa. Take a look at the website of the State Dept where you can find out which schools qualify and what financial evidence would be required for the visa to be approved. It is not an inexpensive endeavor by any means.

Work permits for foreign students can be obtained but for all purposes and intents you should not count on them if/when you plan for the student visa.

I hope this helps: http://travel.state.gov/visa/temp/types/types_1268.html/#1

[Grooveshark 0]

Thanks for the responses.

Boiler, a vocational or language course because he didn’t do well in school and wouldn’t get on a degree course. He needs to catch up, learn skills, including languages.

But this probably means that he has very limited options.

Gegel, thanks for the state department URL. I’ll look at that.

So a work permit could in theory be made after the student visa. Presumably, it could cause problems to do that early, eg even jeopardizing the student visa?

thanks

[Boiler 46,121]

So he is undertaking remedial classes now?

Edited August 8, 2012 by Boiler