Adopted child process

[NgocN. 0]

Who have any experience in sponsor adopted child process to usa, please advise! Im gonna to go back to Vietnam and adopt my nephew, file I-130 to bring him to USA for studying. However I'm confused about how to prove the time we had had lived together for 3-4 years since he was born...before I moved to the USA. Will it be accepted to accrue the time length that we resided together before legally adopting in paperwork (legally custody)? And where (what office in Vietnam) should I go to do paperwork for adoption my nephew? He is living with his parents (my sister) in Cantho city now. He's 14 years old. 

Thank you very much. All advice will be greatly appreciated. 

Edited November 17, 2019 by NgocN.

[Crazy Cat 41,858]

I would strongly suggest consulting an attorney with experience in foreign adoptions......This is a complicated process......Adoption does not guarantee immigration benefits.

[kris&me 572]

he lives with parents and they are alive and in his life

immigration will deny on that basis

[NgocN. 0]

I'm also filling I-130 to sponsor my sister.  Since my nephew is 14 years old. He will be definitely over 21 years old at the time my sister case is processed, and he would be the only one be rejected since over 21. So that, I'm thinking I would not include my nephew in my sister's I-130, and will adopt him and file for adoption. Any advice please?

Edited November 17, 2019 by NgocN.

[designguy 1,179]

27 minutes ago, NgocN. said:

I'm also filling I-130 to sponsor my sister.  Since my nephew is 14 years old. He will be definitely over 21 years old at the time my sister case is processed, and he would be the only one be rejected since over 21. So that, I'm thinking I would not include my nephew in my sister's I-130, and will adopt him and file for adoption. Any advice please?

Adoption for the purposes of immigration would be fraud. He is living with his parents right now which is a big red flag. There is no way the US immigration system will accept the adoption and allow you to bring him in as your "son".

[Lucky2Lucky 2,526]

I think you think this is easier than it is. It’s real difficult to do an international adoption with a live parent. Father is dead?  Mother is willing to give up this child?!? If so what’s the purpose of her immigrating here in a few years as well.

 

https://www.dhs.gov/how-do-i/adopt-child-internationally
 

WARNING: Vietnam is party to the Hague Adoption Convention. Do not adopt or obtain legal custody of a child in Vietnam before a U.S. consular officer issues an “Article 5/17 Letter” in the case.

 

Start by reading:

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Intercountry-Adoption-Country-Information/VietNam.html

[Lucky2Lucky 2,526]

For Hague Convention Adoptions

If you wish to adopt a child from a Hague Adoption Convention country, you must begin the adoption process by filing Form I-800A. Do not accept any adoption placement before USCIS has approved Form I-800A. During this time, you must also refrain from any contact with parents, legal custodians, or other individual or entity responsible for the care of the child who may be eligible for adoption.

 

[NgocN. 0]

38 minutes ago, designguy said:

Adoption for the purposes of immigration would be fraud. He is living with his parents right now which is a big red flag. There is no way the US immigration system will accept the adoption and allow you to bring him in as your "son".

Thank you for advice. I appreciate it. 

[NgocN. 0]

35 minutes ago, Luckycuds said:

I think you think this is easier than it is. It’s real difficult to do an international adoption with a live parent. Father is dead?  Mother is willing to give up this child?!? If so what’s the purpose of her immigrating here in a few years as well.

 

https://www.dhs.gov/how-do-i/adopt-child-internationally
 

WARNING: Vietnam is party to the Hague Adoption Convention. Do not adopt or obtain legal custody of a child in Vietnam before a U.S. consular officer issues an “Article 5/17 Letter” in the case.

 

Start by reading:

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Intercountry-Adoption-Country-Information/VietNam.html

Thanks for advice and helpful info. I appreciate it. 

[aaron2020 11,651]

2 hours ago, NgocN. said:

Who have any experience in sponsor adopted child process to usa, please advise! Im gonna to go back to Vietnam and adopt my nephew, file I-130 to bring him to USA for studying. However I'm confused about how to prove the time we had had lived together for 3-4 years since he was born...before I moved to the USA. Will it be accepted to accrue the time length that we resided together before legally adopting in paperwork (legally custody)? And where (what office in Vietnam) should I go to do paperwork for adoption my nephew? He is living with his parents (my sister) in Cantho city now. He's 14 years old. 

Thank you very much. All advice will be greatly appreciated. 

Chao em Ngoc,

 

If it was this easy, Vietnamese would already have done this a lot.  Unfortunately, the US Government have made strict rules when it come to petitioning for an adopted child.  

You can adopt your nephew in VN but you will not be able to bring him here as your adopted child.  He has living parents, so it's a no go for US immigration.  Even if he had only one living parent, you would have to go to court to show that the parent is a bad parent and can not care for their child, meet the 2 years legal custody requirement, etc. before you petition for him.  Merely living together with him and his parents will not work for the 2 years custody.  

 

There is nothing you can do to help your nephew with immigration to the US.  Once his parents become LPRS, they can file for him in the F2b category.   

Consider bringing him over for college if you can afford out-of-state tuition.  That's the best you can do for him.  

 

 

 

[NgocN. 0]

6 hours ago, aaron2020 said:

Chao em Ngoc,

 

If it was this easy, Vietnamese would already have done this a lot.  Unfortunately, the US Government have made strict rules when it come to petitioning for an adopted child.  

You can adopt your nephew in VN but you will not be able to bring him here as your adopted child.  He has living parents, so it's a no go for US immigration.  Even if he had only one living parent, you would have to go to court to show that the parent is a bad parent and can not care for their child, meet the 2 years legal custody requirement, etc. before you petition for him.  Merely living together with him and his parents will not work for the 2 years custody.  

 

There is nothing you can do to help your nephew with immigration to the US.  Once his parents become LPRS, they can file for him in the F2b category.   

Consider bringing him over for college if you can afford out-of-state tuition.  That's the best you can do for him.  

 

 

 

Thanks for your advice.  I appreciate it. 

[Boiler 45,517]

F1 visa looks the more obvious option.

[NgocN. 0]

10 hours ago, Boiler said:

F1 visa looks the more obvious option.

Thank you.