Bringing minor nephew to US

[MrsAmera 41]

My husband and I are considering bringing his nephew (12) to the US to live with us. His (the nephew) father died a few years ago and his mom is having a hard time. I've heard of people adopting their nieces/nephews and applying for immigration that way. Does anyone have any experience doing this? Would we have to actually adopt him or could we still apply for him to come here without adoption (since he has one living parent)?

Both my husband and I are USC. My husband brother and his wife also are USC, would it help or hinder us to have them on as co-sponsors?

Edited October 18, 2010 by MrsAmera

[NigeriaorBust 4,087]

You can probably adopt the child. Adopting a relative for the purposes of immigration is a different thing especially if both parents are not dead. You must be able to show that the child can not be brought up by it's parent(s) to the local standard and the parents must totally give the child up for adoption ( the parent can not use the child for immigration benefits later ) Many have voiced a desire to bring relatives here in this way but it is rarely approved.

[Penguin_ie 5,994]

To adopt a child for the purposes of immigration, he must be an orphan.

You could try for an F1 student visa, but he'd need to go to a private school, so that could be expensive.

[Boiler 45,670]

You can adopt with one parent living, but not something to do without a lawyer.

You can sponsor a sister and then the children come as derivatives.

[MrsAmera 41]

Thanks for the help. I did some research and also found that we could become the guardians of the child in Morocco (per Moroccan law) and then apply for him to come to the US completing the adoption. Morocco itself does not do adoptions but guardianships that can be obtained with a deceased father but living mother. I think I will need to consult an adoption lawyer as the child has not been abandoned per US rules.