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Filing I-130 for Deceased Sibling's Child
- Thread starter jayesh67
- Start date
I think you will have to adopt them. I don't think you can sponsor them as a relative.jayesh67 said:Can I file I-130 for deceased sibling's Child ?
Or is there any other process of filling petition for deceased sibling's Child ?
stallion4949
Registered Users (C)
Yes, legal adoption would be the way to go. The sibling queue involves over a decade wait even if you could use it, but you can't use that route.
JohnnyCash
Volunteer Moderator
"Can I file I-130 for deceased sibling's Child ?"
Yes. But, you have to be- [1] a US citizen; [2] adopt the child first legally. If the other parent of your sibling's child is also not in the picture then you can bring the child under the category of "Oprhan", which means-you won't need to wait for another 2 yrs after adoption to bring the said child to United States; otherwise you would need to wait 2 yrs after adopting the child in order to bring the child to US.
Yes. But, you have to be- [1] a US citizen; [2] adopt the child first legally. If the other parent of your sibling's child is also not in the picture then you can bring the child under the category of "Oprhan", which means-you won't need to wait for another 2 yrs after adoption to bring the said child to United States; otherwise you would need to wait 2 yrs after adopting the child in order to bring the child to US.
Yes, you have to be a US Citizen in order to do an inter-country adoption. This will not just be an immigration issue, but an adoption matter for two countries involved. If the child can travel to the US with a relative, then you can adopt the child while he/she is in the US. After that if you can maintain 2 years of custody, then you will be able to file for child's citizenship certificate to finalize it.
According to Hindu Adoptions And Maintenance Act, 1956,
I would not be able to meet requirement/conditions of Adoption.
http://www.gendwaar.gen.in/Acts/Hindu Adoptions And Maintenance Act, 1956.htm
Looks like there is not other option ?
I would not be able to meet requirement/conditions of Adoption.
http://www.gendwaar.gen.in/Acts/Hindu Adoptions And Maintenance Act, 1956.htm
Looks like there is not other option ?
stallion4949
Registered Users (C)
I doubt there are many experts on this forum on the hindu adoptions act you mentioned. However, if you can not adopt the child you have no other legal options.