How can I adopt my orphaned nephews in the USA, 16 and 17 yrs old ?

M

mark_w

New Member
Hello

Please can you assist with evaluating my case.

I am an Naturalized US citizen,

I have two nephews ( my sisters children) who were orphaned(both parents died) about 5 years ago. I have adopted both of them in my home country and completed the adoption process, however my spouse did not go with me to adopt them in my country. My country is not a Hague convention country.

I have not filed any documentation for either child in the US and I am concerned because the older boy will turn 18 in three days.

Nephew 1:
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Victor is 17years old , born 08/21/1993
He is now in the US on a F1 visa, studying in community college, he cannot qualify for instate tuition since he is on a non-immigrant visa.

Nephew 2:
============
Kingsley is 16 years old, born 05/16/1995
He is still in my country, finishing high school, and lives with my disabled mother.

Can I still complete the adoption for my nephews in the USA, I understand that there is a 16 year age cutoff , it is too late ? These children are siblings and their father and mother have passed away. I have also completed the adoption process in my home country and did that before either child was 16 years old.

Do i need form I-600 or I-600 A or is there another way ?

Please help , how can I complete the process to have both children properly documented as my adopted children in the USA ? Can I file for them as relatives since they are already my children in my home country ?

Thank you in advance for your assistance

mark
 
They do not qualify for classification as "orphans" under the Immigration and Nationality Act. I-600s are out of the question.

IF there was an actual LEGAL adoption (not some bogus "Adoption Deed") THEN they MUST meet the requirements under INA 101(b)(1)(E) which requires a FULL legal adoption before age 16 for the younger of the two (preferably for both). In addition, in order to qualify as "children" on an I-130, you must meet the two-year custody and residence together. That means that YOU must have lived with them for two years.

It is possible but unlikely that you can meet the requirements at this time except perhaps for the student IF he has been living with you AND it was a REAL and LEGAL adoption (also unclear and possibly not acceptable).

FEW family adoptions ever qualify but get a professional legal assessment and present all the evidence for review.
 
BigJoe5 said:
They do not qualify for classification as "orphans" under the Immigration and Nationality Act. I-600s are out of the question.
Click to expand...

Unless I am missing something, after reviewing the definition, I think they qualify as orphans "under the Immigration and Nationality Act" since both of their biological parents are dead.

Also I legally completed their full adoption in their country and have documented proof of the adoption, Including having their names changed to my surname.

Given this information is I-600 still an option or should I look to the I-130 ?

Please respond
 
mark_w said:
Unless I am missing something, after reviewing the definition, I think they qualify as orphans "under the Immigration and Nationality Act" since both of their biological parents are dead.

Also I legally completed their full adoption in their country and have documented proof of the adoption, Including having their names changed to my surname.

Given this information is I-600 still an option or should I look to the I-130 ?

Please respond
Click to expand...


You have missed a great deal. You have not read the INA definitions that apply. See also 8 CFR 204.3.

Orphans under INA 101(b)(1)(F) are strangers from an orphanage NOT specific individuals known to the adoptive parent and most certainly NOT a relative.

There is a Conference call Tomorrow Aug 19, 2011 about this.

See also: http://www.uscis.gov/portal/site/us...nnel=e0b081c52aa38210VgnVCM100000082ca60aRCRD
 
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