Bringing Mother and soon to be adopted child to USA (merged)

[daniel046 4]

Hey,

 

I need some advice on how to navigate the situation or if it's even possible what we are trying to achieve?

 

So, 2 weeks ago my father passed away at age of 59, my brother soon to be US Citizen will petition for my mother(55). However, my parents took care of their nephew since he was around 5 years old currently 13 yrs old. But was never officially adopted by my parents. He considers my parents his parents as well. His father is drunkard and his mom left him when he was 5 yrs old and since then my parents took care of him. 

 

So, is it possible for my mom to adopt him at this age and would it be considered valid adoption for the purposes of immigration. My mother lives in India. so adoption will happen in India.

 

Thanks

 

 

[daniel046 4]

Hey,

 

I need some advice on how to navigate the situation or if it's even possible what we are trying to achieve?

 

So, 2 weeks ago my father passed away at age of 59, my brother soon to be US Citizen will petition for my mother(55). However, my parents took care of their nephew since he was around 5 years old currently 13 yrs old. But was never officially adopted by my parents. He considers my parents his parents as well. His father is drunkard and his mom left him when he was 5 yrs old and since then my parents took care of him. 

 

So, is it possible for my mom to adopt him at this age and would it be considered valid adoption for the purposes of immigration. My mother lives in India. so adoption will happen in India.

 

Thanks

[PaulaCJohnny 713]

14 minutes ago, daniel046 said:

Hey,

 

I need some advice on how to navigate the situation or if it's even possible what we are trying to achieve?

 

So, 2 weeks ago my father passed away at age of 59, my brother soon to be US Citizen will petition for my mother(55). However, my parents took care of their nephew since he was around 5 years old currently 13 yrs old. But was never officially adopted by my parents. He considers my parents his parents as well. His father is drunkard and his mom left him when he was 5 yrs old and since then my parents took care of him. 

 

So, is it possible for my mom to adopt him at this age and would it be considered valid adoption for the purposes of immigration. My mother lives in India. so adoption will happen in India.

 

Thanks

The short answer is this is not an easy case

They had all this time to do it and they decided not to. Doing just with the immigration intentions is not ok.

 

I don’t think this is a DIY case, you will need a competent lawyer for this.

 

please read this post

 

 

Good luck.

Edited November 3, 2022 by PaulaCJohnny

[daniel046 4]

2 minutes ago, PaulaCJohnny said:

The short answer is no.

They had all this time to do it and they decided not to. Doing just with the immigration intentions is not ok.

 

I don’t think this is a DIY case, you will need a competent lawyer for this.

 

Good luck.

Well, this is not just for immigration intent. As he is the only person keeping my mom little happy and not feel alone as nobody else is there for my mom except him as she is going through hardest time for her.

 

Ofcourse we will consult with lawyer but just needed different advice.

[PaulaCJohnny 713]

Just now, daniel046 said:

Well, this is not just for immigration intent. As he is the only person keeping my mom little happy and not feel alone as nobody else is there for my mom except him as she is going through hardest time for her.

 

Ofcourse we will consult with lawyer but just needed different advice.

Read the post that I shared, have a lot of good advice there.

 

My point is that they take care of the children for 8 years and never adopt, and now that is there a chance to immigrate they want to do the paper. I’m sharing with you what the IO will probably be questioning about their case.

 

They don’t care about happiness or anything like there, they need real proofs and documents. 
 

 

[SusieQQQ 11,586]

Regardless whether it’s a regarded as a valid adoption for immigration or not, a parent petition is an immediate relative petition and those do not allow for derivatives. So even if it’s legal for immigration (I’m not even going to make an attempt at figuring that out with parents still alive and no legal custody yet by the sounds of things), he can’t come with her at the same time, she’d have to file separately for him later +- 2 years.

 

[Boiler 45,527]

Does your Brother realise he can only sponsor his Mother? There may be a route after your Mother gets here for the adopted child to be sponsored, but they can not come together.

[JeanneAdil 6,511]

IR 5 visa for a parent does not have a derivative visa for any son (adopted or not)

mother can adopt but with parents still alive,  immigration will look closely at the adoption papers when the mother becomes a USC and applies for him

meanwhile it means someone in India has to care for him

[Ontarkie 14,227]

~~Duplicate threads merged. PLease do not start more than one thread for the same or related topic~~

[SteveInBostonI130 3,459]

12 hours ago, daniel046 said:

Well, this is not just for immigration intent. As he is the only person keeping my mom little happy and not feel alone as nobody else is there for my mom except him as she is going through hardest time for her.

 

Ofcourse we will consult with lawyer but just needed different advice.

 

When she immigrates she would be with your brother and would not be alone then as well.

[Kanja 201]

It’s very possible but as others mentioned it will take some time so it will be best to get the adoption happening now before your mom leaves the country. I imagine it will be a lot of paperwork. Another option is for you or your brother to adopt the child but would be more expensive, more requirements (maybe residency requirements), and then you will need an international adoption agency- it can take up to two years, India may have country specific rules. 

[SusieQQQ 11,586]

On 11/3/2022 at 4:17 PM, daniel046 said:

my brother soon to be US Citizen

Does he have an interview scheduled already?

[SusieQQQ 11,586]

I highly suggest you find a competent lawyer who knows about adoptions and immigration to advise you/your family on whether it is possible in your particular circumstance, and what you need to do to make it all work.  We have seen situations before where someone has adopted someone perfectly legally but it is not a valid adoption for US immigration purposes.