how can a US citizen bring his brother's son/daughter

[luck-e and Kookie 0]

is there a way for the US Citizen to bring his brother' son and daughter to the US? they are both 2 yrs old right now. What visa category is it? Thank you

[Penguin_ie 5,996]

No, there is no family visas available for nephews and nieces, though you could apply for a tourist visa so they can visit, or possibly a student visa so they can go to school in the USA in a couple of years.

[SP&JM 0]

is there a way for the US Citizen to bring his brother' son and daughter to the US? they are both 2 yrs old right now. What visa category is it? Thank you

You'd have to sponsor your brother, then he could apply for them...although until he gets his citizenship it would be a long wait.

Or, you could adopt them. I guess it would depend on how desperate the need was to have them here in the US.

And no, I'm not suggesting some kind of fake adoption fraud thing.

[aaron2020 11,651]

is there a way for the US Citizen to bring his brother' son and daughter to the US? they are both 2 yrs old right now. What visa category is it? Thank you

Unfortunately, the US citizen cannot do anything for his nephew and niece. The USC could sponsor the brother in the F4 category and thereby give the kids derivative beneficiary status, but that has a current wait of 23 years for Filipinos. It's likely that the kids would not age out and be covered by the Child Status Protection Act (CSPA - if it still exist in 23 years).

It has been suggested that the USC can bring the children to the US on tourist visas. It's unlikely that visas would be issue to children so young without visas being issued to their parents. It seems that if the children were traveling alone, there is an intent to remain in the US. Babies do not travel as tourists without their parents.

It has also been suggested that the USC could sponsor the kids for student visas. That would be possible but the USC and student would have to show that there are adequate funds for the course of study. Unless the USC has hundreds of thousands of dollars, the kids are not going to get student visas. Public school (K-12) is free to USC and LPRs but not to foreign students on F1 visas.

Adoption would only work if you can show that the parents cannot care for the kids in accordance with local standards. Being poor is not an adequate reason for USCIS. Even if an adoption is legal in the Philippines, the child may not be able to get an immigration visa through the USC adopting parent. A child has to be a true orphan and adoptable in order to get a visa through the adopting parent. This is to prevent fraud of bringing sibling's children to the US. USCIS is aware of this tactic which has been abused in the past - my child for immigration purpose but is still my brother's son.

Edited May 10, 2009 by aaron2020

[Dakine 26]

No, there is no family visas available for nephews and nieces, though you could apply for a tourist visa so they can visit, or possibly a student visa so they can go to school in the USA in a couple of years.

Almost impossible to get tourist visas or student visas from the Philippines. People have to aplly and qualify for their own tourist visas.

If the brother has SOLID reasons he must return to PI and is wealthy he may be able get tourist visas for him and the kids.

Fastest way for a US citizen to get brothers sisters and their kids here is to petition mom or dad and after they get their US citizenship they can petition their other children and grandkids.

[karachiite 4]

is there a way for the US Citizen to bring his brother' son and daughter to the US? they are both 2 yrs old right now. What visa category is it? Thank you

U can legally adopt them,and become their guardian ,and file for them as immediate relative of US citizen.U have to prove U can financially support them.those kids won`t be able to file for biological parents,once u adopt them.

[aaron2020 11,651]

is there a way for the US Citizen to bring his brother' son and daughter to the US? they are both 2 yrs old right now. What visa category is it? Thank you

U can legally adopt them,and become their guardian ,and file for them as immediate relative of US citizen.U have to prove U can financially support them.those kids won`t be able to file for biological parents,once u adopt them.

WRONG!!!! Even if an adoption is legal, the child will not get a visa as an immediate relative because USCIS is aware of this type of adoption by family members to make children who don't qualify for a visa into family members who do. A child has to be an "orphan" as describe in the immigration laws for this to work. SEE my post above.

[karachiite 4]

is there a way for the US Citizen to bring his brother' son and daughter to the US? they are both 2 yrs old right now. What visa category is it? Thank you

U can legally adopt them,and become their guardian ,and file for them as immediate relative of US citizen.U have to prove U can financially support them.those kids won`t be able to file for biological parents,once u adopt them.

WRONG!!!! Even if an adoption is legal, the child will not get a visa as an immediate relative because USCIS is aware of this type of adoption by family members to make children who don't qualify for a visa into family members who do. A child has to be an "orphan" as describe in the immigration laws for this to work. SEE my post above.

A child can be adopted from Hague convention countries and even from Non-hague convention countries,the applicant has to get a permission by filing i-800A or I-600A depends upon the criteria

[aaron2020 11,651]

is there a way for the US Citizen to bring his brother' son and daughter to the US? they are both 2 yrs old right now. What visa category is it? Thank you

U can legally adopt them,and become their guardian ,and file for them as immediate relative of US citizen.U have to prove U can financially support them.those kids won`t be able to file for biological parents,once u adopt them.

WRONG!!!! Even if an adoption is legal, the child will not get a visa as an immediate relative because USCIS is aware of this type of adoption by family members to make children who don't qualify for a visa into family members who do. A child has to be an "orphan" as describe in the immigration laws for this to work. SEE my post above.

A child can be adopted from Hague convention countries and even from Non-hague convention countries,the applicant has to get a permission by filing i-800A or I-600A depends upon the criteria

Adoption is one step. Immigration Visa is another. The first can be approved but not the second. The criteria is that the child has to be an "orphan" as defined by US immigration laws. This requirement will not be met if the natural parent is alive and is capable of providing proper care in accordance with local standards.

Here is some info for Filipinos who are contemplating adopting a nephew or niece so they can immigrate to the US; http://www.bastapinoy.com/immigration.htm.

Edited May 20, 2009 by aaron2020

[mi2 0]

is there a way for the US Citizen to bring his brother' son and daughter to the US? they are both 2 yrs old right now. What visa category is it? Thank you

U can legally adopt them,and become their guardian ,and file for them as immediate relative of US citizen.U have to prove U can financially support them.those kids won`t be able to file for biological parents,once u adopt them.

WRONG!!!! Even if an adoption is legal, the child will not get a visa as an immediate relative because USCIS is aware of this type of adoption by family members to make children who don't qualify for a visa into family members who do. A child has to be an "orphan" as describe in the immigration laws for this to work. SEE my post above.

A child can be adopted from Hague convention countries and even from Non-hague convention countries,the applicant has to get a permission by filing i-800A or I-600A depends upon the criteria

Adoption is one step. Immigration Visa is another. The first can be approved but not the second. The criteria is that the child has to be an "orphan" as defined by US immigration laws. This requirement will not be met if the natural parent is alive and is capable of providing proper care in accordance with local standards.

Here is some info for Filipinos who are contemplating adopting a nephew or niece so they can immigrate to the US; http://www.bastapinoy.com/immigration.htm.

I have the same problem too...

[Darnell 8,479]

is there a way for the US Citizen to bring his brother' son and daughter to the US? they are both 2 yrs old right now. What visa category is it? Thank you

U can legally adopt them,and become their guardian ,and file for them as immediate relative of US citizen.U have to prove U can financially support them.those kids won`t be able to file for biological parents,once u adopt them.

I've looked into this also, and if the kids are NOT orphans, then the kids HAVE to live with the 'wannabe adoptive parents' for 2 years PRIOR to the adoption case being submitted.

If he really wants to do that, he'll need to MOVE to the PI (or anywhere else not in the USA ) , keep the kids at the NEW DOMICILE, then file.

Expensive? you betcha.

My apologies for a late-ish reply.