Nephew

[c131frdave 0]

Hello. My name is David and I am a born US citizen. My wife is from Tanzania and became a US citizen two years ago. We have a son born here in the US and he is also a US citizen. So we're all red, white, and blue.

My wife's brother, who is a Tanzanian citizen and lives there is sick. He has HIV. HIV in Africa is still a death sentence unless you have a lot of money. He has asked us to take care of his little boy.

Fortunately, my brother-in-law is still alive, but it poses the problem that his son is not an orphan. His wife (and the boy's mother) died of complications form AIDS two years ago, as did their baby girl. The boy does not have HIV and is perfectly healthy (he tested negative for HIV two years ago- the same time my brother-in-law learned that he had the disease).

Now it is my understanding that you cannot file a family immigrant visa for a nephew unless you bring the brother over as well. Since he has HIV, getting a visa for him would be nearly impossible I would imagine, and therefore the visa for the boy wouldn't go through. Our first thought was to have the brother sign over parental rights to my wife, and then we would adopt him and file for an immediate family member visa that way. But I'm reading on this forum that this is no longer an option either. Is that correct?

So do we just have to wait until my brother-in-law dies to start the process? Right now he can't afford to send the boy to school (yes, they have to pay for school there) because of his medical bills, and we are trying to support him as best we can, but I'm worried that the boy will grow up uneducated and end up in a bad place or worse.

Thank you for your attention.

[JohnR! 5,495]

David,

Read this... It might apply in your case...

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=474fb881905b3210VgnVCM100000b92ca60aRCRD&vgnextchannel=474fb881905b3210VgnVCM100000b92ca60aRCRD

Orphan Process

You May Immigrate an Adopted Child Through the Orphan Process if:

• You Are a U.S. citizen.
  • If you are married, your spouse must also sign Form I-600, Petition to Classify Orphan as an Immediate Relative and must also adopt the child
  • If you are not married, you must be at least 25 years old when you file your Form I-600 petition
• You establish that you will provide proper parental care to the child
• You establish that the child whom you have adopted or plan to adopt is an “orphan” as defined in U.S. immigration law
• You establish that either:
  • You (and your spouse, if married) have adopted the child abroad, and that each of you saw the child in person before or during the adoption proceeding
    
    OR
  • You will adopt the child in the United States after the child arrives in the United States (you must have permission to bring the child out of his or her own country and to the United States for adoption)

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

You must file an orphan petition before the child’s 16th birthday, or before the child’s 18th birthday if the child is a birth sibling of another child whom you have also adopted and who immigrated (or will immigrate) as:

• an orphan based on a Form I-600 petition filed before the sibling’s 16th birthday
  
  OR
• an “adopted child” as defined in Section 101(b)(1) of the Immigration and Nationality Act (INA) provided the actual adoption took place before that sibling’s 16th birthday

Overseas Investigation

As part of the processing of your case, USCIS (or, in some cases, the Department of State) will conduct an investigation overseas to verify that the child is an orphan. The purpose of the investigation is to:

• Confirm that the child is an orphan as defined in the U.S. immigration law
• Verify that you have obtained a valid adoption or grant of custody
• The child does not have an illness or disability that is not described in the orphan petition
• Determine whether the child has any special needs that were not fully addressed in your home study
• Determine whether there are any facts showing that the child does not qualify for immigration as your adopted child

Hague Adoption Convention Cases

If the child you seek to adopt habitually resides in a country that is a party to the Hague Adoption Convention, you probably will not be able to use the Orphan process. Instead you must follow the Hague Adoption Process to adopt the child and bring the child to the United States. For information on the Hague Process, go to our Hague Process page. For a list of Hague Convention Countries visit the Department of State Adoption page.

You may be able to use the Orphan process if you adopted the child before April 1, 2008, or if your case is “grandfathered” because you filed a Form I-600A or Form I-600 before April 1, 2008. For more information, see the “Grandfather I-600A Cases” link to the left under “After Approval.”

Home Study: Establishing Proper Parental Care

To establish your ability to provide proper parental care, you must submit a home study completed by someone authorized to complete an adoption home study in your home State (or anywhere in the United States, if you adopt the child while residing abroad).

The home study preparer must complete the home study according to the standards established in DHS regulations. For more information on home study requirements go to our Orphan Home Study Guidelines page.

Filing a Petition for Your Child

You can have USCIS review both your suitability as an adoptive parent and the child’s status as an orphan at the same time. If you have already identified a child you want to adopt (or you have already adopted the child), you may file Form I-600, Petition to Classify an Orphan as an Immediate Relative.

Submit your home study with your Form I-600 and any other relevant evidence that you are suitable as an adoptive parent. Submit evidence that the child is an orphan and that you have adopted or intend to adopt the child.

Advance Processing

You may also begin the orphan process before you identify a particular child for adoption. You do so by filing FormI-600A, Application for Advance Processing of Orphan Petition. Submit the home study with the Form I-600A. If USCIS approves your Form I-600A, the finding that you are suitable as an adoptive parent will make it unnecessary to address this issue again when you file a Form I-600 for a particular child. Once a particular child has been identified, you would then file a Form I-600 for that child.

If you do not file Form I-600A, then you must complete all requirements of the I-600A when filing Form I-600.

Advanced Processing If You Have Not Selected a Country

You may apply for Advance Processing of an Orphan Petition without knowing the country of prospective adoption. However, if your Form I-600A is approved, you may not adopt a child from a Hague Convention Country if your Form I-600A was filed after April 1, 2008. For information go to our Hague Process page. For a list of Hague Convention Countries visit the Department of State Adoption page.

Where to file Form I-600A and Form I-600

• See the Filing Addresses for Form I-600A, Application for Advance Processing of Orphan Petition for information on where to file.
• See the Filing Instructions for Form I-600, Petition to Classify Orphan as an Immediate Relative for information on where to file.

Before Traveling Abroad

• Verify that your Approval Notice is valid
• Verify that your fingerprints are still valid
• Contact the appropriate USCIS overseas office or U.S. embassy or consulate for details on processing times

After the Orphan Petition is Approved

Apply to a U.S. embassy or consulate for a visa for your child. The Department of State officer who decides the visa application must determine whether your child is “inadmissible” under any provision in section 212(a) of the Immigration and Nationality Act. For children, the most common ground of inadmissibility is medical inadmissibility due to certain diseases, lack of required vaccinations, or other medical issues. If your child is inadmissible, you may be able to obtain a waiver of inadmissibility by filing Form I-601, Application for Waiver of Ground of Inadmissibility.

Visa Issuance and Acquisition of U.S. Citizenship

Go to the Before Your Child Immigrates to the United States page for information about the type of visa your child will receive and about how and when your child may become a U.S. citizen under the Child Citizenship Act.

Edited August 12, 2013 by Gegel

[aaron2020 11,651]

You may want to consult with an immigration attorney before starting the adoption. The adoption must meet certain criteria because the US has strict rules about adopting family who otherwise could not be petitioned for like a nephew.

The worst case scenario is a legal adoption and no visa.

[c131frdave 0]

Thanks for the quick replies. I should have mentioned that Tanzania is not a Hague country. Looks like there might be hope for us after all.

[JohnR! 5,495]

You're welcome. Unfortunately, when it comes to adoptions, each case is particular and there is no one-size fits all. If I were in your shoes, I would write the US Consulate in Dar es Salaam and ask them for guidance on how to start the process. Given the situation at hand they might be able to give you insight to specific requirements for the process in TZ. I would bet that at some point you may end up needing a lawyer but before hiring one I would try and find out as much as you can about the entire process lest you be fleeced by a less-than-ethical attorney.

Good luck with your endeavor. I hope you're successful, for your heart is in the right place.

Edited August 12, 2013 by Gegel

[c131frdave 0]

Thank you. I did, but so far have gotten no response. I expected that as they get hundreds of false requests for this or that. When I was living there, I was going to take my then fiancé home to meet my parents. I was working there, and took a week vacation to do so. When my wife walked in for her interview for the travel visa, they deigned it. I was waiting outside the embassy when she walked out in tears. "They didn't believe me. They don't believe you exist." I was furious for some reason, and stormed in there. I talked to the supervisor and informed him that I did indeed exist, and that I was very upset that they didn't believe her. He spent the next ten minutes explaining that there is a very healthy forgery industry in Tanzania, and that they give training classes for locals on how to lie your way into other countries.

Anyway, they made us go for the visa again, and this time I came in with her. I then went to the American window while she was doing her interview and let them know I was there in case there were any questions. They were very helpful after that, and in fact helped us when we got married and started the spousal visa.

Point is, they usually assume emails are fake, so I really need to call them and talk to the guy personally I guess. I'll probably try that.

Edited August 12, 2013 by c131frdave