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Daisy.Chain

Adopting nephew?

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I am a USC and my husband a LPR. His sister is very sick and wants to arrange for her 12 yr old child in case of her death. My husband would adopt him regardless of whether he could come to the US or not. If his mom doesn't make it, could the nephew be eligible to come to the US with my husband as his son, (and his birth father in prison with no contact for many years, and no way to care for him even if he were interested). I read something about 2 years, and my husband lived with the nephew for 10 years, until recently.

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if memory serves me I believe both birth parents must be dead for an immigration benfit to be given for adoption. so having a father alive in prison may prevent him from being able to immigrate. 

 

that being said as long as local laws allow the child could be adopted by them.

let us know what you find out about one of the parents being in prison.

 

good luck

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As mentioned you my run into the problem with the biological father still being alive. However, if the bio father is in jail it could be a case of him not being able to care for the child.Also, the adoption would need to be completed before the child turns 16.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Depends on the rules of adoption by an uncle in child's country. 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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On 2/26/2017 at 0:14 PM, KierenHby said:

Depends on the rules of adoption by an uncle in child's country. 

We already know that he is eligible to adopt in the DR. I am questioning how the US would see the adoption in regards to immigration intent.

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1 hour ago, Daisy.Chain said:

We already know that he is eligible to adopt in the DR. I am questioning how the US would see the adoption in regards to immigration intent.

the immigrant intent boat has sailed. you guys what to bring him to the us to live. the question to be answered is if uscis will allow your adoption to grant an immigration benfit while a biological parent is still alive.

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Filed: AOS (apr) Country: Jamaica
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I don't think anyone can answer that for sure as the usual requirement is for both parents to be deceased. Yet, you do have a good alternative to that requirement as the one living is not in a position to take care and/or custody of the child. You stated your husband would adopt regardless, so once that occurs I would file petition and see what happens.  Possibly check with a specialized immigration attorney for advice.  

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  • 2 weeks later...
 
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