Bringing minor nephew to the USA

[Abdl_My 0]

1 hour ago, Kor2USA said:

Already answered. 

 

 

And where is the answer? Because I don't think " Not a possibility with children having living parents" was meant as an answer to the specific question of adopting the kids but rather a global answer to the original post that doesn't say anything about adoption

Edited March 5, 2022 by Abdl_My

[Redro 4,611]

 

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

 

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/before-you-adopt/who-can-be-adopted.html

 

There are five primary elements to the Convention adoptee classification. In addition to other applicable country-specific requirements, all of the following must be true for a child to be eligible for the Convention adoptee classification:

1. The child is under the age of 16 at the time Form I-800 is filed on his or her behalf (taking into account special rules on filing dates for children aged 15-16), or the child is under the age of 18 and is a sibling of a child (under the age of 16) who has been or will be adopted by the same adoptive parents;
2. The child will be adopted by a married U.S. citizen and spouse jointly or by an unmarried U.S. citizen at least 25 years of age, habitually resident in the United States, whom USCIS has found suitable and eligible to adopt (Form I-800A approval) with the intent of creating a legal parent-child relationship. (Note: at this stage, the child must not have been adopted yet);
3. The Central Authority of the child’s country of origin has determined that the child is eligible for intercountry adoption and has proposed an adoption placement which has been accepted, and the child has not yet been adopted or been placed in the custody of the prospective adoptive parents;
4. The child's birth parents (or parent, if the child has a sole or surviving parent), or other legal custodian, individuals, or entities whose consent is necessary for adoption have freely given their written, irrevocable consent to the termination of their legal relationship with the child and to the child's emigration and adoption; and
5. If the child's last legal custodians were two living birth parents who signed the irrevocable consent to adoption, those parents must be incapable of providing proper care for the child.

[SalishSea 17,837]

2 hours ago, Abdl_My said:

Hi,

Based on the answers here, it seems like it is not possible at all which lead me to a question:

Is it possible to adopt the kids and bring them in???

No.

[jan22 3,056]

8 hours ago, Kor2USA said:

 

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

 

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/before-you-adopt/who-can-be-adopted.html

 

There are five primary elements to the Convention adoptee classification. In addition to other applicable country-specific requirements, all of the following must be true for a child to be eligible for the Convention adoptee classification:

1. The child is under the age of 16 at the time Form I-800 is filed on his or her behalf (taking into account special rules on filing dates for children aged 15-16), or the child is under the age of 18 and is a sibling of a child (under the age of 16) who has been or will be adopted by the same adoptive parents;
2. The child will be adopted by a married U.S. citizen and spouse jointly or by an unmarried U.S. citizen at least 25 years of age, habitually resident in the United States, whom USCIS has found suitable and eligible to adopt (Form I-800A approval) with the intent of creating a legal parent-child relationship. (Note: at this stage, the child must not have been adopted yet);
3. The Central Authority of the child’s country of origin has determined that the child is eligible for intercountry adoption and has proposed an adoption placement which has been accepted, and the child has not yet been adopted or been placed in the custody of the prospective adoptive parents;
4. The child's birth parents (or parent, if the child has a sole or surviving parent), or other legal custodian, individuals, or entities whose consent is necessary for adoption have freely given their written, irrevocable consent to the termination of their legal relationship with the child and to the child's emigration and adoption; and
5. If the child's last legal custodians were two living birth parents who signed the irrevocable consent to adoption, those parents must be incapable of providing proper care for the child.

Assuming the children are also from Pakistan (based on the OP's flag), although some of the general details still apply, this is not the process the OP would need to follow.  Pakistan is not a signatory to the Hague Convention on International Adoptions, which is the process this describes.

 

To the OP -- Please review the information on these two websites carefully:

 

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Intercountry-Adoption-Country-Information/Pakistan.html   This is the State Department site for the process that must be followed for an adoption for immigration from Pakistan. 

 

https://www.uscis.gov/adoption/immigration-through-adoption/orphan-process. This is the site from USCIS on intercountry adoptions in general.  Since Pakistan is not a Hague country, you would follow the "Orphan Process" under the "Immigration Through Adoption" tab.

 

IMO, it is highly unlikely that your niece and nephew would meet the USCIS definition of orphan -- basically, both parents must be dead, or have abandoned or deserted the child(ren), or disappeared.  It can take quite a while for that determination to be made and, when the abandonment or desertion (as would be required here) is done just before an uncle applies to adopt the child, it will be thoroughly scrutinized.  The most likely determination will be that the child is not an orphan and that the proposed adoption is being done to circumvent US immigration laws.

 

In addition to the determination that the child does/does not meet the orphan definition required for immigration, the other major impediment is the ages of the children (15 and 17).  You must submit the I-600 petition and all of the supporting paperwork, including a Home Study to show that you are suitable adoptive parents and evidence that the child is an orphan, to begin the process -- all before the child turns 16.  It is already too late for your neice (17) and highly unlikely that it can be done before your nephew (15) reaches his 16th birthday.  Even if you could somehow manage that, the determination that he was an orphan is only a preliminary one.  It will be investigated during the petition approval and immigrant visa processes and most likely result in a  determination that he does not meet the definition of orphan.  

 

It is also too late to use the "family-based petition" process described in the link in the quoted post, as the adoption of the child must have been completed before the child turns 16 -- not possiible for that to happen since she is 17 and he is already 15 and the lengthy process has not yet begun.  However, if a paperwork miracle occurs and it does happen for your nephew, he must have resided outside the US in the legal and physical custody of at least one of the adoptive parents for two years before an I-130 petition can be filed on his behalf -- all tolled, it would be an absolute minimum of 2.5 to 3 years before immigration could occur and at least one adoptive parent would have to live outside the US for most of that time.

 

 

Edited March 5, 2022 by jan22

[TanveerG 1]

8 minutes ago, jan22 said:

Assuming the children are also from Pakistan (based on the OP's flag), although some of the general details still apply, this is not the process the OP would need to follow.  Pakistan is not a signatory to the Hague Convention on International Adoptions, which is the process this describes.

 

To the OP -- Please review the information on these two websites carefully:

 

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Intercountry-Adoption-Country-Information/Pakistan.html   This is the State Department site for the process that must be followed for an adoption for immigration from Pakistan. 

 

https://www.uscis.gov/adoption/immigration-through-adoption/orphan-process. This is the site from USCIS on intercountry adoptions in general.  Since Pakistan is not a Hague country, you would follow the "Orphan Process" under the "Immigration Through Adoption" tab.

 

IMO, it is highly unlikely that your niece and nephew would meet the USCIS definition of orphan -- basically, both parents must be dead, or have abandoned or deserted the child(ren), or disappeared.  It can take quite a while for that determination to be made and, when the abandonment or desertion (as would be required here) is done just before an uncle applies to adopt the child, it will be thoroughly scrutinized.  The most likely determination will be that the child is not an orphan and that the proposed adoption is being done to circumvent US immigration laws.

 

In addition to the determination that the child does/does not meet the orphan definition required for immigration, the other major impediment is the ages of the children (15 and 17).  You must submit the I-600 petition and all of the supporting paperwork, including a Home Study to show that you are suitable adoptive parents and evidence that the child is an orphan, to begin the process -- all before the child turns 16.  It is already too late for your neice (17) and highly unlikely that it can be done before your nephew (15) reaches his 16th birthday.  Even if you could somehow manage that, the determination that he was an orphan is only a preliminary one.  It will be investigated during the petition approval and immigrant visa processes and most likely result in a  determination that he does not meet the definition of orphan.  

 

It is also too late to use the "family-based petition" process described in the link in the quoted post, as the adoption of the child must have been completed before the child turns 16 -- not possiible for that to happen since she is 17 and he is already 15 and the lengthy process has not yet begun.  However, if a paperwork miracle occurs and it does happen for your nephew, he must have resided outside the US in the legal and physical custody of at least one of the adoptive parents for two years before an I-130 petition can be filed on his behalf -- all tolled, it would be an absolute minimum of 2.5 to 3 years before immigration could occur and at least one adoptive parent would have to live outside the US for most of that time.

 

 

Thank you for very helpful information. I appreciate your time. 

[Crazy Cat 41,893]

9 hours ago, Abdl_My said:

And where is the answer? Because I don't think " Not a possibility with children having living parents" was meant as an answer to the specific question of adopting the kids but rather a global answer to the original post that doesn't say anything about adoption

Adoption does not confer immigration rights.   Then there is the requirement for 2 years of custody, etc.  It's complicated.  

[Redro 4,611]

31 minutes ago, jan22 said:

Assuming the children are also from Pakistan (based on the OP's flag), although some of the general details still apply, this is not the process the OP would need to follow.  Pakistan is not a signatory to the Hague Convention on International Adoptions, which is the process this describes.

 

To the OP -- Please review the information on these two websites carefully:

 

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Intercountry-Adoption-Country-Information/Pakistan.html   This is the State Department site for the process that must be followed for an adoption for immigration from Pakistan. 

 

https://www.uscis.gov/adoption/immigration-through-adoption/orphan-process. This is the site from USCIS on intercountry adoptions in general.  Since Pakistan is not a Hague country, you would follow the "Orphan Process" under the "Immigration Through Adoption" tab.

 

IMO, it is highly unlikely that your niece and nephew would meet the USCIS definition of orphan -- basically, both parents must be dead, or have abandoned or deserted the child(ren), or disappeared.  It can take quite a while for that determination to be made and, when the abandonment or desertion (as would be required here) is done just before an uncle applies to adopt the child, it will be thoroughly scrutinized.  The most likely determination will be that the child is not an orphan and that the proposed adoption is being done to circumvent US immigration laws.

 

In addition to the determination that the child does/does not meet the orphan definition required for immigration, the other major impediment is the ages of the children (15 and 17).  You must submit the I-600 petition and all of the supporting paperwork, including a Home Study to show that you are suitable adoptive parents and evidence that the child is an orphan, to begin the process -- all before the child turns 16.  It is already too late for your neice (17) and highly unlikely that it can be done before your nephew (15) reaches his 16th birthday.  Even if you could somehow manage that, the determination that he was an orphan is only a preliminary one.  It will be investigated during the petition approval and immigrant visa processes and most likely result in a  determination that he does not meet the definition of orphan.  

 

It is also too late to use the "family-based petition" process described in the link in the quoted post, as the adoption of the child must have been completed before the child turns 16 -- not possiible for that to happen since she is 17 and he is already 15 and the lengthy process has not yet begun.  However, if a paperwork miracle occurs and it does happen for your nephew, he must have resided outside the US in the legal and physical custody of at least one of the adoptive parents for two years before an I-130 petition can be filed on his behalf -- all tolled, it would be an absolute minimum of 2.5 to 3 years before immigration could occur and at least one adoptive parent would have to live outside the US for most of that time.

 

 

Thank you for the correction.

I knew adoption was complicated but didn't realise different countries had different rules. 

[jan22 3,056]

In

57 minutes ago, Kor2USA said:

Thank you for the correction.

I knew adoption was complicated but didn't realise different countries had different rules. 

No problem.  It is probably one of the most, if not the most, complex areas of immigration law -- and one of the only ones where the issues and processes vary a great deal depending on local laws.  Just to round things out, it is also one of the most emotionally charged!  

[JeanneAdil 6,511]

13 hours ago, Abdl_My said:

Hi,

Based on the answers here, it seems like it is not possible at all which lead me to a question:

Is it possible to adopt the kids and bring them in???

Not when the child has living parents

and to adopt there are many rules 

[pm5k 129]

Adoptions are complicated.  Adoptions of relatives are even more scrutinized than usual adoptions.  Adoptions of relatives who have living parents are exceptionally rare.