GC Application for deceased brother's family?

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Mohajir_90

Registered Users (C)
Hello All,

I am a US Citizen and want to apply for Green Card for my deceased brother's kids. They all are under 21. Is there any provision that I can use to apply? Can it be done through my parents who are their grandparents, if they have a GC? Please advise. Thanks in advance.
 
If the mother is willing to give up her parental rights you can file I-601 Petition to classify a Orphan as a immediate relative. Please read thru the detailes instructions of I-600 or I-601 and then ask any questions if you would have any, please be advised all I-600 I-601 petitions must be filed before the child turns 16, the process can run it coarse but it must be filed before the child's 16th Birthday.
 
it's not just a petition to classify somebody as an orphan. You'll have to adopt the children after their mother gives up her parental rights.
 
LucyMO said:
it's not just a petition to classify somebody as an orphan. You'll have to adopt the children after their mother gives up her parental rights.
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I also advices OP to read the instructions of those forms which will explain everything in length.
I think OP seems pretty determined to adopt, he even asked about grand parents petitioning for them, which in this case is not a option as one of the adopting parent needs to be a USC to file I-600 or I-601. The only way to petiotionfor them is the one I mentioned for which you have to adopt them after doing few other steps such as a Home study by a appropriate Adoption agency.
 
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OP needs an attorney experienced in international adoption. This certainly appears to be the case of trying to circumvent US law since the mother is alive and apparently caring for the children.

Remember that adoption terminates the birth parent - child relationship and the children would NOT be able to petition for their birth mother to join them. She will also likely be unable to visit since she would very definitely be a potential overstay.

How could it be in the children's best interest for them to know that their mother basically threw them away? Most mothers I know would live in poverty and die protecting their children rather than give them away. I suspect OP has not told the birth mother the consequences of this proposal.
 
Thank you all very much for the guidance. I firmly believe that there is no need to go to that complicated route of adoption. If there is no provision in the law then they can stay where ever they are specially when the life back home isn't that bad. Once again, thank you all very much.
 
I suggest that you could best assist his family through financial assistance that can be used by his wife to receive an education which would qualify her for a guest worker visa. You should certainly assist her in looking at her current level of education and interests in determining a selection of career opportunities that would allow her to find a position with high enough earnings potential to allow her to support her family in the US.

It is quite possible that she and the children could be in the US in less time than a sibling wait.
 
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