Adopting kids

[cbr929pilot]

Long story short!

My sister came to my house one day and left her 3 kids. My nephews (2) and a niece, I now have full custody for the kids and have been living with me for more then 2 years. They have been in the USA for more then 7 years and speak more English and are custom to this culture then any other.

They overstayed their Visas and since one of them is about to leave High School I have come to realize that I have to fix their status.

I am in process of adopting them since I am a US Citizen, since a few rules have change about adoption, I'm a bit confused.

Should I file an I-130 form since they have been living with me for more then 2 year? or an I-600?

Any information or advice will be appreciated.

Thank you



4/1/09 UPDATE = I need help. I was misinformed. Lawyers! that's all I'm going to say

I applied for an N-600 for the kids - After a couple of months it was denied since the kids over stayed and didn't attain lawful permanent resident status subsequent to their entry.

All 3 kids are now adopted and legally I'm their father.

I have birth certificates but it says on it that it doesn't proof citinzenship.

I can fight the case with an appeal and I have 33 days to do it but I think it will be useless. I'm under pressure since my son turns 18 in a few months. I read in the adoption papers that I can adopt a sibling child before his/hers 18th birthday.

I'm thinking that the only options at this time, is to file an I-130 and I-485 forms.

Please, I need advise.

 

[bertgolz]

how old are they?
if you adopt both of them, the youngest should be under 16 and the elder under 18 at the time the adoption is finalized. Otherwise the adoption wouldn't provide any immigration benefits for them

 

[Jackolantern]

Hurry up and adopt them before it is too late! Get a consultation from an immigration lawyer, and a lawyer who understands adoptions, to put you on the right track and figure out how to get everything done as quickly as possible, because one mistake could cost you valuable time, and any time lost could mean it is too late to adopt the oldest one. (Note that this does not mean having the lawyers handle the process end-to-end, which would be very expensive. Just get a one-hour or two-hour consultation to discuss the situation and get advice.)

Again, HURRY UP! Your situation is obviously complicated by them having overstayed their visas. If they were permanent residents, you adopting them would result in them being given citizenship automatically. But now you have to rush to adopt them AND get a green card for them before the oldest is 18 and the youngest is 16. This is serious, don't try to navigate this by yourself or rely on anonymous message boards. Get personal and direct advice from a professional and/or somebody who is very familiar with the process, both of adoption and immigration.

 

[Jackolantern]

how old are they?
if you adopt both of them, the youngest should be under 16 and the elder under 18 at the time the adoption is finalized. Otherwise the adoption wouldn't provide any immigration benefits for them

But if the oldest one turns 18, the younger ones can still benefit from being adopted, if at least one is still under 16.

 

[Jackolantern]

My sister came to my house one day and left her 3 kids. My nephews (2) and a niece, I now have full custody for the kids and have been living with me for more then 2 years.

Do you have actual legal custody of them, and the relevant authorities officially recognize you as their legal guardian? Or did your sister simply just "dump them on your doorstep", with no official custody agreement?

If there is no legal custody, they could be taken away from you at any time. So again, HURRY UP and get advice from a professional or an otherwise experienced person before proceeding.