I'm sorry if I'm posting this in the wrong thread.
My sister and her 8-year old son are in the US on an expired B-2 visa. My sister is no longer able to raise her son by herself (her husband passed away about one year ago). I have always been close to my nephew, and I would like to adopt him so that he can live with me in the US and eventually become a US citizen. My sister is willing to give him up for adoption as she has no means to support him, and she fully wants me to be his adopted mother.
My question is this: does my nephew have to return to his home country before I file the adoption petition, or may he remain in the US the whole time? Is there a visa he must pick up from his home consulate? I am concerned about his ability to return to the US because his B-2 visa is overstayed. Still I don't know if the whole process can happen in the US.
Thanks so much for any help.
My sister and her 8-year old son are in the US on an expired B-2 visa. My sister is no longer able to raise her son by herself (her husband passed away about one year ago). I have always been close to my nephew, and I would like to adopt him so that he can live with me in the US and eventually become a US citizen. My sister is willing to give him up for adoption as she has no means to support him, and she fully wants me to be his adopted mother.
My question is this: does my nephew have to return to his home country before I file the adoption petition, or may he remain in the US the whole time? Is there a visa he must pick up from his home consulate? I am concerned about his ability to return to the US because his B-2 visa is overstayed. Still I don't know if the whole process can happen in the US.
Thanks so much for any help.