Bringing my nephew to US

[rheibss 2]

Hello everyone,

I'am a US resident and my husband is a citizen. Last month my sister passed away and my husband and I would like to bring her son who is 8 years in the US

Can you please tell me what is the best and legal way to take ?

I will appreciate your help, thanks 

[Boiler 45,524]

You can not sponsor a nephew as a LPR or USC

 

Is the Father alive?

[rheibss 2]

1 minute ago, Boiler said:

You can not sponsor a nephew as a LPR or USC

 

Is the Father alive?

Oh ok, Yes he is alive but our family has been taking care of the boy since small.

There is no other solution?

[Boiler 45,524]

Student Visa? Not going to be cheap.

[rheibss 2]

40 minutes ago, Boiler said:

Student Visa? Not going to be cheap.

Oh wow, he is 8 years old

Ok thanks a lot

[SusieQQQ 11,586]

25 minutes ago, rheibss said:

Oh wow, he is 8 years old

Ok thanks a lot

Unfortunately you are not a parent of the child, and so there is no path to bringing him to the US. If there is no family to care for him at home you may need to return to look after him, this is what others have done in similar situations. 

[Coco8 1,042]

I think you might be able to adopt him if the father signs documents, but that depends on the laws of the country where the boy lives. I suggest contacting a lawyer there. If you and your husband adopt him, then you could get a green card for him.

[SusieQQQ 11,586]

8 minutes ago, Coco8 said:

I think you might be able to adopt him if the father signs documents, but that depends on the laws of the country where the boy lives. I suggest contacting a lawyer there. If you and your husband adopt him, then you could get a green card for him.

Adoption for immigration is more complicated than that. The laws of the country may mean OP can adopt but that does not necessarily mean they can bring the child to the US. For example, if the child does not meet either Hague Convention (Ivory Coast is not a signatory) or orphan processes,  they have to have two years of physical (live with) and legal custody of the child abroad before bringing him to the US.

https://www.uscis.gov/adoption/immigration-through-adoption

[rheibss 2]

1 hour ago, SusieQQQ said:

Unfortunately you are not a parent of the child, and so there is no path to bringing him to the US. If there is no family to care for him at home you may need to return to look after him, this is what others have done in similar situations. 

Ok thanks, i will have to discuss with my husband then 

[rheibss 2]

27 minutes ago, Coco8 said:

I think you might be able to adopt him if the father signs documents, but that depends on the laws of the country where the boy lives. I suggest contacting a lawyer there. If you and your husband adopt him, then you could get a green card for him.

Thank you for your advice, i see another comment that says it is not possible. There is a link i will read

[Coco8 1,042]

43 minutes ago, SusieQQQ said:

Adoption for immigration is more complicated than that. The laws of the country may mean OP can adopt but that does not necessarily mean they can bring the child to the US. For example, if the child does not meet either Hague Convention (Ivory Coast is not a signatory) or orphan processes,  they have to have two years of physical (live with) and legal custody of the child abroad before bringing him to the US.

https://www.uscis.gov/adoption/immigration-through-adoption

The 2 year requirement is only for the "family based petitions" and is required for children in countries that signed the Hague petition. So if Ivory Coast did not sign it, it seems they don't need the requirement.  I might be wrong. 

 

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/how-to-adopt/adopting-a-relative-for-immigration.html

 

 

 

[rheibss 2]

23 minutes ago, Coco8 said:

The 2 year requirement is only for the "family based petitions" and is required for children in countries that signed the Hague petition. So if Ivory Coast did not sign it, it seems they don't need the requirement.  I might be wrong. 

 

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/how-to-adopt/adopting-a-relative-for-immigration.html

 

 

 

You are right i didn't se Ivory coast among the countries that signed. 

Thank you for the info, i do appreciate it.

[SusieQQQ 11,586]

1 hour ago, Coco8 said:

The 2 year requirement is only for the "family based petitions" and is required for children in countries that signed the Hague petition. So if Ivory Coast did not sign it, it seems they don't need the requirement.  I might be wrong. 

 

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/how-to-adopt/adopting-a-relative-for-immigration.html

 

 

 

Of course it’s going to be a family based petition if they adopt him, what else could it be? Family based is different from Hague.  If you read the link I posted above it says 

Family-Based Petition Process

The Hague and orphan processes are special processes for children who are adopted by U.S. citizens and meet the specific requirements of those programs. The family-based petition process provides a third avenue through which an adopted individual is considered the child (or son or daughter) of their adopting parent(s) for immigration purposes.

There are differences between the Hague and orphan processes and the family-based petition process:

• Only U.S. citizens can use the Hague and orphan processes to petition for an adopted child. These processes have different requirements from the family-based petition process.
• Lawful permanent residents and U.S. citizens can use the family-based petition process.
• The family-based petition process is generally not available to children from Hague countries. See the “Children from Hague Adoption Convention Countries” section below for more information.
• The adoptive parent petitioner must have evidence of a full and final adoption and satisfy the 2-year legal custody and joint residence requirements before the adopted child may be considered their “child” for purposes of immigration benefits.

[Daisy.Chain 317]

20 hours ago, Coco8 said:

I think you might be able to adopt him if the father signs documents, but that depends on the laws of the country where the boy lives. I suggest contacting a lawyer there. If you and your husband adopt him, then you could get a green card for him.

They could legally adopt him but unless there is an extreme circumstance (ie Dad is in jail) the adoption can be legal in the boy's home country and still not work for US family immigration :(. An absentee father is still a father.  

 

I wish this were different. We'd have adopted  nephews years ago if we could hav, and we even met the 2 yr living requirement for Hague countries (in our case).

[rheibss 2]

14 minutes ago, Daisy.Chain said:

They could legally adopt him but unless there is an extreme circumstance (ie Dad is in jail) the adoption can be legal in the boy's home country and still not work for US family immigration :(. An absentee father is still a father.  

 

I wish this were different. We'd have adopted  nephews years ago if we could hav, and we even met the 2 yr living requirement for Hague countries (in our case).

Sorry to hear that you couldn't, by reading the links posted and what others say it's not an easy process and the requirements don't allow us do it😒