green card holder has a custody over newphew

[akli7995 0]

Hi,

I have been reading a few topics on this forum but did not find it directly related to my situation. I am getting a green card through my employer in 2014/2015. We started the process a few months back but I am getting ready for the next step of adding a family. I am unmarried and have no biological children.

I have a newphew in Russia of 14 years old at the moment. My brother is his biological father and is the only parent at the moment. The mother of the child has been deprived of any rights in 2013. She lives in another part of the world and forgot about the child. This year I will be getting a custody of the child along with my bother. So, my brother is still in charge as a biological father and I will be having a custody. Since it takes a number of years to get him a green card by the time of senior year of high school and college.

I have read the rules on USCIS and it says that I can still petition for the child I have adopted if I satisfy several requirements, thus the following questions:

1. It doesn't say if I have to be the only parent for the child I am petitioning for. Say, does it matter if my brother still has rights and doesn't plan to come to US? Can I still petition for the child if he still lives with his father or the only way to even start petiotioning I have to be the only parent and my brother should lose all his rights?

2. I need to show 2 years of physical custody: the mother has left a child like 10 years ago and did not live with him, but she has been deprived of rights only in 2013. I did acted as a parent along with my brother within the last 10 years though. But the mother had all the rights at that time and I was just an aunt. Does it still count?

Would appriciate any suggestions to the above topic. Thanks!

[Mark88 184]

As far as I know, the child has to be an orphan according to USCIS guidelines, and the final adoption has take place before he turnes 16. Taking into accont that USCIS usually takes extra special look at cases with adopted family members, I see very slim chances of you bringing him to the US on a green card petition.

[jan22 3,064]

It is highly unlikely that this would ever be approved -- unless there is a legal adoption, the child would have to have been in your legal custody for two years. Sounds like that hasn't happened yet, and when it does, it would be joint custody with your brother...that would not qualify under USCIS guidelines. There child has to be an orphan or it has to be documented that the sole remaining parent is unable to care for the child. There can't be a legal adoption that qualifies for immigration to the US, as that path is blocked by the Russian government. And, finally, as a previous poster pointed out, all these legal hurdles would have to be dealt with and over come before your nephew turns 16, which would not be possible if he is already 14. All of these things are in place to prevent custody/adoptions that are solely for immigration benefits to the US, which is what this would seem to be from a USCIS perspective.

[Mark88 184]

You can always bring him to the US on a student visa for high school and/or college.

[NigeriaorBust 4,087]

Student visas are for coleges not high schools. As a foreign student if you managed to get a visa for high school you would have to pay for the costs . Public high schools are free only to residents not temporary immigrants. The costs would be huge

[Mark88 184]

Student visas are for coleges not high schools.

Student visas (F-Visa) are for university, college AND/OR high school (plus a couple other academic institutions)

Source: http://travel.state.gov/content/visas/english/study-exchange/student.html#overview

[christeen 966]

Student visas are for coleges not high schools. As a foreign student if you managed to get a visa for high school you would have to pay for the costs . Public high schools are free only to residents not temporary immigrants. The costs would be huge

Not true at all!! we currently have a high school student staying with us from Germany right now who is on a student visa and attending public school on an exchange program...

[NigeriaorBust 4,087]

Not true at all!! we currently have a high school student staying with us from Germany right now who is on a student visa and attending public school on an exchange program...

Not only do they have to pay the school but they are limited to a single year in public high school . Just because you don't see the student paying the organization has to follow the rules.

Sec 214.2( f ) 1 ( i ) D

(D) In the case of a student who intends to study at a public secondary school, the student has demonstrated that he or she has reimbursed the local educational agency that administers the school for the full, unsubsidized per capita cost of providing education at the school for the period of the student's attendance.

and Sec 214.2( f ) 5 ( i )

i) General . Except for border commuter students covered by the provisions of paragraph (18) of this section, an F-1 student is admitted for duration of status. Duration of status is defined as the time during which an F-1 student is pursuing a full course of study at an educational institution approved by the Service for attendance by foreign students, or engaging in authorized practical training following completion of studies, except that an F-1 student who is admitted to attend a public high school is restricted to an aggregate of 12 months of study at any public high school(s). An F-1 student may be admitted for a period up to 30 days before the indicated report date or program start date listed on Form I-20. The student is considered to be maintaining status if he or she is making normal progress toward completing a course of study. (Revised effective 1/1/03; 67 FR 76256 ) (Amended 8/27/02; 67 FR 54941 ) (Revised 6/15/99; 64 FR 32146 )

[christeen 966]

We fall under the F1, 1 year rule then... Bottom line, student visas are not just for college students...

[Boiler 46,141]

Plenty of non public High Schools.

[NigeriaorBust 4,087]

yes but I don't think the OP wants to pay for public school ( I inquired when Joseph first arrived and the cost was roughly 10k per school year ) That amount of money can usually go a lot further in the foreign country. Also one year of high school still leaves about years uncovered.

[NigeriaorBust 4,087]

yes but I don't think the OP wants to pay for public school ( I inquired when Joseph first arrived and the cost was roughly 10k per school year ) That amount of money can usually go a lot further in the foreign country. Also one year of high school still leaves about years uncovered.

[Boiler 46,141]

It would be a lot more than 10k, he is working and has no family here.

Presumably the Father would pay/contribute.

[Mark88 184]

yes but I don't think the OP wants to pay for public school

To assume this would be false. I know a couple people here on an employment based green card making more than $100K a year. Paying for school shouldn't be a problem. And when going to a private high school, the one year limit stated above shouldn't apply.

[christeen 966]

Back to the OP... Since custody was primarily under the mother until 2013 then you would not be able to meet the requirement of havi g primary custody for 2 years prior to filing. Not to mention the fact his biological father has primary custody (I am not really understanding the legality of shared custody between brothers)? But based on your statements, I does not look like you would be able to file for a visa for him... Sorry... But good for you in stepping up to help out the kid. Best of luck...