Citizens file for grandsons under 16 who lost their father

[_norbert 0]

Hi all,

 

I'm a little confused at to what kind of application we need to file for my nephews. I'll keep it short.

 

• My brother passed away 2 years ago and has two sons both under 16. They are abroad.
• My parents are both citizens and they live in U.S.
• My nephews are currently living with their mother but she is incapable of taking care of them. Technically my parents have been paying for their grandsons since two years ago.

 

We want to bring them over since it's lot easier to take care of them here than remotely abroad. Kindly help me understand what kind of application I need to read about and file. Let me know if you need more info.

 

Thanks a lot.

 

Edited December 15, 2018 by _norbert

[geowrian 22,335]

There's no family-based visas for grandchildren.

Adoption would not qualify for immigration benefits either as they have a living parent and have not lived with the desired petitioner for at least 2 years.

 

Best thing to do for them if their current parent isn't taking care of them is to have somebody else take care of them abroad.

 

And I'm very sorry for your loss.

Edited December 15, 2018 by geowrian

[Crazy Cat 39,191]

@geowrian summed it up well.  I'm sorry for this is a difficult situation, but current law doesn't seem to support this as immediate relative immigration.

[_norbert 0]

@geowrian Thanks but the Orphan process clearly says:

 

 

Quote

 

Under U.S. immigration law, an orphan is a foreign-born child who:

• does not have any parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents
  
  OR
• has a sole or surviving parent who is unable to care for the child, consistent with the local standards of the foreign sending country, and who has, in writing, irrevocably released the child for emigration and adoption

 

[geowrian 22,335]

I guess one option would be for at least one parent to move abroad and live with the children for at least 2 years, and adopt the children. Then they could do the IR-2 process.

The children would need to be adopted before turning 16 and remain in full custody for at least 2 years.

[geowrian 22,335]

Just now, _norbert said:

@geowrian Thanks but the Orphan process clearly says:

Just now, _norbert said:

has a sole or surviving parent who is unable to care for the child, consistent with the local standards of the foreign sending country, and who has, in writing, irrevocably released the child for emigration and adoption

True. Prove they cannot provide the basic essentials consistent with the local standards: shelter, food, and water. My understanding is they are meeting this, even if it is with assistance from others.

They can try this route, but it would be quite difficult IMO. They may end up adopting the children but being unable to bring them to the US.

[aaron2020 11,651]

Just now, _norbert said:

@geowrian Thanks but the Orphan process clearly says:

 

 

 

It requires adoption before the age of 16 and your parents living abroad with them for 2 years.

 

Furthermore, it requires the child to be an orphan.  Your SIL is poor.  The children are under her care.  Your parents sending money doesn't mean she is incapable of taking care of them.

 

Sorry, but there is no easy way for your nephews to immigrate to the US.

[_norbert 0]

11 minutes ago, geowrian said:

I guess one option would be for at least one parent to move abroad and live with the children for at least 2 years, and adopt the children. Then they could do the IR-2 process.

The children would need to be adopted before turning 16 and remain in full custody for at least 2 years.

By this logic, anyone who wants to adopt a child needs to leave the U.S., (leaving everything behind like your job, house, ...) and go abroad to bring a child over. I don't think that's feasible. 

[geowrian 22,335]

Just now, _norbert said:

By this logic, anyone who wants to adopt a child needs to leave the U.S., (leaving everything behind like your job, house, ...) and go abroad to bring a child over. I don't think that's feasible. 

No. Most of the time this requirement is met before the petitioner comes to the US.

Or they do an international adoption through a qualifying agency. Adopting a family member is much different.

Or the child/children have no legal caretaker (i.e. both parents are dead or unable to be found or in prison or something).

[aaron2020 11,651]

3 minutes ago, _norbert said:

By this logic, anyone who wants to adopt a child needs to leave the U.S., (leaving everything behind like your job, house, ...) and go abroad to bring a child over. I don't think that's feasible. 

A Hague Convention adoption does not require the adopting parent to reside with the child abroad.

 

With a private and non-Hague adoption, the 2 years residing with the adopted child abroad is required.

 

You are operating under the flawed logic that all adoptions are the same.  They are not.  Different types of adoptions have different requirements.

Edited December 15, 2018 by aaron2020

[aaron2020 11,651]

Here is the sad truth.

 

If there was a way to bring your nephews to the US, we would tell you.  Unfortunately, we have seen this situation way too many times.  There is no way to bring the kids.  

 

Sorry.

[_norbert 0]

1 minute ago, aaron2020 said:

Here is the sad truth.

 

If there was a way to bring your nephews to the US, we would tell you.  Unfortunately, we have seen this situation way too many times.  There is no way to bring the kids.  

 

Sorry.

Thanks for help. I understand. 

[SusieQQQ 11,584]

Unfortunately I don’t believe that “has a sole or surviving parent who is unable to care for the child, consistent with the local standards of the foreign sending country, and who has, in writing, irrevocably released the child for emigration and adoption” is as simple as saying  “she can’t take care of them because my parents are paying”, or something like that. You’d probably need some kind of court finding that she is either mentally or physically  incapable or grossly negligent in looking after them. And as above, as it would be a non-Hague adoption it wouldn’t work for immigration purposes either. It’s a sad situation. 

 

I’m assuming that the boys themselves have no claim to being USCs or that would be first option to use?

[_norbert 0]

8 minutes ago, SusieQQQ said:

I’m assuming that the boys themselves have no claim to being USCs or that would be first option to use?

My mom filed an I-130 for my brother in 2012 (U.S. citizen filing for a married son or daughter over 21). The case is still pending at USCIS but since my brother has pass away, that case is not valid anymore because he was the main beneficiary.  

Edited December 15, 2018 by _norbert

[Boiler 43,397]

Sounds like the Grandparent immigration and naturalised in the relatively recent past.