Adopting Daughter of Cousin

[MFS 1]

My cousin brother has passed away on 15th of june in a road accident and has left behind a 4-5 month old daughter and his wife.

I was wondering if it is possible for me to adopt my cousin niece and immigrate her to the U.S so that she may have a better future and not be a financial hardship on her mother.

Edited August 23, 2012 by Faizan and Ruby

[Anh map 2,098]

My cousin brother has passed away on 15th of june in a road accident and has left behind a 4-5 month old daughter and his wife.

I was wondering if it is possible for me to adopt my cousin niece and immigrate her to the U.S so that she may have a better future and not be a financial hardship on her mother.

It is not possible.

[MFS 1]

Dont i meet the criteria from the below link

There are five primary elements to the Convention adoptee classification. In addition to other applicable requirements, all of the following must be true for a child to be eligible for the Convention adoptee classification:

The child is under the age of 16 at the time the I-800 is filed on his or her behalf (taking into account special rules on filing dates for children aged 15-16), is unmarried, and lives in a Convention country;

The child will be adopted by a married U.S. citizen and spouse jointly, or by an unmarried U.S. citizen at least 25 years of age, habitually resident in the United States, whom USCIS has found suitable and eligible to adopt (Form I-800A approval) with the intent of creating a legal parent-child relationship. Note that at this stage the child must not have been adopted yet, unless that adoption has been voided by the country of origin. (USCIS, in September 2008 FAQs on its website, offered guidance on cases in which the adoption cannot be voided in the country of origin.);

The child's birth parents (or parent if the child has a sole or surviving parent), or other legal custodian, individuals, or entities whose consent is necessary for adoption, freely gave their written irrevocable consent to the termination of their legal relationship with the child and to the child's emigration and adoption;

If the child has two living birthparents who were the last legal custodians who signed the irrevocable consent to adoption, they are determined to be incapable of providing proper care for the child; and

The child has been adopted or will be adopted in the United States or in the Convention country in accordance with the rules and procedures elaborated in the Hague Adoption Convention and the Intercountry Adoption Act of 2000 (IAA), including that accredited adoption service providers were used when required, and there is no indication of improper inducement, fraud, misrepresentation, or prohibited contact associated with the case.

http://adoption.state.gov/adoption_process/how_to_adopt/childeligibility.php

[LIFE'SJOURNEY 970]

Dont i meet the criteria from the below link

There are five primary elements to the Convention adoptee classification. In addition to other applicable requirements, all of the following must be true for a child to be eligible for the Convention adoptee classification:

The child is under the age of 16 at the time the I-800 is filed on his or her behalf (taking into account special rules on filing dates for children aged 15-16), is unmarried, and lives in a Convention country;

The child will be adopted by a married U.S. citizen and spouse jointly, or by an unmarried U.S. citizen at least 25 years of age, habitually resident in the United States, whom USCIS has found suitable and eligible to adopt (Form I-800A approval) with the intent of creating a legal parent-child relationship. Note that at this stage the child must not have been adopted yet, unless that adoption has been voided by the country of origin. (USCIS, in September 2008 FAQs on its website, offered guidance on cases in which the adoption cannot be voided in the country of origin.);

The child's birth parents (or parent if the child has a sole or surviving parent), or other legal custodian, individuals, or entities whose consent is necessary for adoption, freely gave their written irrevocable consent to the termination of their legal relationship with the child and to the child's emigration and adoption;

If the child has two living birthparents who were the last legal custodians who signed the irrevocable consent to adoption, they are determined to be incapable of providing proper care for the child; and

The child has been adopted or will be adopted in the United States or in the Convention country in accordance with the rules and procedures elaborated in the Hague Adoption Convention and the Intercountry Adoption Act of 2000 (IAA), including that accredited adoption service providers were used when required, and there is no indication of improper inducement, fraud, misrepresentation, or prohibited contact associated with the case.

http://adoption.state.gov/adoption_process/how_to_adopt/childeligibility.php

You are missing the other see bold,

[MFS 1]

Sorry i quite dont understand what i am missing...

My cousin has passed away so there is only 1 living parent. I understand ofcourse the living parent have to authorize.

Edited August 23, 2012 by Faizan and Ruby

[Penguin_ie 5,994]

authorisation is not enough. The only way to adopt the child for immigration purposes would be if you move abroad and live with the child for 2 years.

[MFS 1]

authorisation is not enough. The only way to adopt the child for immigration purposes would be if you move abroad and live with the child for 2 years.

Ahh now thats trouble

Ofcourse by authorization i meant solving all legal issues but the 2 years is really tough. With my employent and such

[CherylandMike 0]

Ahh now thats trouble

Ofcourse by authorization i meant solving all legal issues but the 2 years is really tough. With my employent and such

It may be difficult, but I wouldn't say impossible. If this is something you really want to pursue, you might be wise to consult with an attorney experienced with adoption and immigration.

[Gumbolette 58]

It may be difficult, but I wouldn't say impossible. If this is something you really want to pursue, you might be wise to consult with an attorney experienced with adoption and immigration.

I understand that you want to provide a better future for the infant. Push comes to shove, just help the mom with the finances as she raises this poor little one.

Or, and when s/he grows up and ready for a higher education, look into the student visa.