Options, if any, available to help bring extended family members to US

[Udella&Wiz 325]

So I think I know the answer to my question, but maybe someone else will see something I don't

I am a dual citizen. I've recently discovered a fairly difficult situation back home with my brother. He is/always has been an alcoholic but in the last few years his life has changed for the much worse and he is consuming large amounts daily just to get through each day (imagine 6-12 beers a day...and he works). The issue for me is that he's single dad of 2 girls 13 and 15. They are being exposed to more than they ever should, in fact I found out he is allowing my 15 yr old niece to drink among many other things.Our family has decided he needs an intervention and we don't expect he will take the help...but we are determined to remove the nieces until such time as he is capabe to parent again. Their mother is long gone (10+ yrs), has no custody and is a drug addict in another city with mental health issues.

My parents and younger brother live close by and will of course take the girls... I am the most able in terms of age, money and experience with teenage girls to take care of them long term. My parents are aging although able.

That said (and I am not looking for advice on what to do with my brother).....is there any option VISA wise for them? I think the answer is no.

My husband and I have discussed in the past that we would adopt them if anything happened to my brother (such as he passed away) but this isn't quite that situation. He has the potential to improve his life and get back on track and during that period the girls would need care and someone they can depend on.

Thoughts

[Mark and Anna 10]

I think the first thing you might need to think about is, with the children being under age you will need their dads permission to leave,travel and live in the United States first ! i dont have the answer as to if their is if any way to get them here, but to be honest you need to explore the fact weather he would ever give you or anyone permission to move his children. good luck to you in finding a solution.

[Udella&Wiz 325]

I think the first thing you might need to think about is, with the children being under age you will need their dads permission to leave,travel and live in the United States first ! i dont have the answer as to if their is if any way to get them here, but to be honest you need to explore the fact weather he would ever give you or anyone permission to move his children. good luck to you in finding a solution.

Thanks for the thoughts, this isn't the purpose of my question though. Let's assume appropriate permissions can be gotten and the only issue is whether there is any sort of VISA at all.

Thanks

[HeatDeath 430]

There are no niece/nephew family visas unfortunately. They aren't considered immediate relatives.

Some people consider adoption in circumstances like these but adoption doesn't create a relationship for the purposes of immigration unless both parents are deceased.

The easiest option might be student visas, which can in principle be arranged for school-aged kids. I don't know any of the details on that though.

[NikLR 13,232]

I'm not sure you can apply as their aunt. Or even as their legal guardian. It would have to be as their adopted parent I think. It's possible for them to come stay with you for the 6 months however on visitation, and if he hasn't gotten his stuff together by then to adopt them (at least you) and sponsor them in that manner? At that point I'd consider adjusting their status vs another visa route because the intention is for them to go back to their father if he cleans himself up. Not sure on legalities of that however so it would be something to look into.

[Ontarkie 14,419]

The only thing I can think of is student visa. You can get one for private schools not public. That maybe worth a shot.

[Autumnal 25]

What a heartbreaking situation, and good for you for wanting to help. There aren't many alternatives that I can immediately think of; I wonder if a consultation with an immigration attorney who specializes in family matters might be helpful in this case, at least to see whether there are any precedents.

The student visa is a good idea. It might be possible to have them come down for extended periods of visitation, though I don't know how disruptive that would be or what impact that could have on their schooling.

[Udella&Wiz 325]

Thanks folks - as I thought.

[NikLR 13,232]

They may have to be home schooled unless a private schooling and F1 visa is available for them. Which honestly, with what they're going through, might not be a bad idea.

Best of luck to you all... I wish there was something more we could do.

[Udella&Wiz 325]

They may have to be home schooled unless a private schooling and F1 visa is available for them. Which honestly, with what they're going through, might not be a bad idea.

Best of luck to you all... I wish there was something more we could do.

Thanks - I've since discovered through some uscis.gov links that when a student comes during highschool on an F1 they have to pay the county the fees for what a normal student is covered for including the amount equal to tuition etc. It also appears that children younger than highschool aren't even eligible for this kind of F1 ;( Homeschooling isn't an option because they first have to be here in the US legally on some kind of VISA and the F1 doesn;t include homeschooling :( and that is the crux of the problem.

[Boiler 45,949]

F1 Student Visa would also be my though. You can discuss this with the international admissions officer of whichever would be the appropriate school.

I think they can attend Public High School in the US for a year, how much it would costs etc would need to be ascertained, doubt if many are familiar with this.

[Penguin_ie 5,996]

How long do you think they'd need to be over here?

Is it important that you homeschool? You could have them here for 6 months as Canadian visitors, and homeschool..

[NigeriaorBust 4,087]

Have you thought of a private boarding school in Canada ?

[Udella&Wiz 325]

How long do you think they'd need to be over here?

Is it important that you homeschool? You could have them here for 6 months as Canadian visitors, and homeschool..

Don't really have an estimate - I have no desire to homeschool and neither do I have the time since I work full time. If we could get them here it would be to attend school locally in our area.

[Udella&Wiz 325]

Have you thought of a private boarding school in Canada ?

We haven't because the burden would be on my parents to pay for it. Obviously that would work though because it would remove them from the poor home environement mostly, although it would be traumatic to them otherwise to lose friends and their familiar neighbourhood.

Ideally it may take my parents having them since they only live about 3 minutes away. They'd be in the same school and same neighbourhood.

I just wish I lived back home again - I used to have them over weekly and for dinner very often.