Bringing my CR1 wife's (Green Card holder) 18 y.o. orphaned nephew from a non-Hague country to the United States

[v2talk 10]

Dear VJ'ers,

 

My wife is immigrating through the CR1 spousal immigration process and will become a Green Card holder shortly. Her divorced sister deceased almost 2 years ago and left behind her son, my wife's nephew. He is now 18 years old. His father lives in another country and does not take care of him. My wife wants to bring him from their non-Hague country to the United States to give him a better future.

 

Any way for us to do that? 

 

Thank you!

Edited September 7, 2020 by v2talk

[SusieQQQ 11,585]

Unfortunately, no. At 18 he is an adult (too old to be adopted) and there is no basis for a familial visa for a nephew (other than as derivative of sibling petition of USC, so cannot apply in your wife’s case).

[Boiler 43,748]

Maybe a student visa?

[v2talk 10]

 

11 hours ago, SusieQQQ said:

Unfortunately, no. At 18 he is an adult (too old to be adopted) and there is no basis for a familial visa for a nephew (other than as derivative of sibling petition of USC, so cannot apply in your wife’s case).

Thank you for the helpful response. I had the same findings, but was hoping there was something else I am overlooking.

9 hours ago, Boiler said:

Maybe a student visa?

thank you for the suggestion, looks like our next option, indeed...

[jan22 2,918]

On 9/7/2020 at 12:08 AM, Boiler said:

Maybe a student visa?

Which requires that the applicant be able to show non-immigrant intent, which doesn't seem to be the case here.

[v2talk 10]

On 9/8/2020 at 11:56 PM, jan22 said:

Which requires that the applicant be able to show non-immigrant intent, which doesn't seem to be the case here.

thanks for the comment, I didn't think about that... There should be a way for a family reunion in our case. The whole part about the nephew that he should have been adopted before he turned 16 y.o. is ridiculous given that his mother died after he turned 16. 

 

[Boiler 43,748]

So she did adopt him, at 16?

[SusieQQQ 11,585]

51 minutes ago, v2talk said:

thanks for the comment, I didn't think about that... There should be a way for a family reunion in our case. The whole part about the nephew that he should have been adopted before he turned 16 y.o. is ridiculous given that his mother died after he turned 16. 

 

You might think it’s ridiculous but unfortunately that’s the law as it pertains to immigration. I’m sure she is perfectly able to adopt him and look after him in his home country.  Anyway that is all moot now as at 18 he is legally an adult, basically everywhere right?

[v2talk 10]

2 hours ago, Boiler said:

So she did adopt him, at 16?

She did not. He lived with her, she raised him, there was no practical need to adopt him. It just came up when we got married and she decided to move to another country. 

[v2talk 10]

2 hours ago, SusieQQQ said:

You might think it’s ridiculous but unfortunately that’s the law as it pertains to immigration. I’m sure she is perfectly able to adopt him and look after him in his home country.  Anyway that is all moot now as at 18 he is legally an adult, basically everywhere right?

I do not understand your point, sorry. Are you trying to help or clarify something?

[SusieQQQ 11,585]

34 minutes ago, v2talk said:

I do not understand your point, sorry. Are you trying to help or clarify something?

You said “There should be a way for a family reunion in our case.“  There is no nephew visa and no route to a visa through an adoption after age 16.  So practically, the only way for a family reunion is in their home country and not the US. Is that more clear? 

[aaron2020 11,651]

1 hour ago, v2talk said:

I do not understand your point, sorry. Are you trying to help or clarify something?

Susie has been helpful in providing you with answers.  She clarified that there is no way for your wife's nephew to immigrate since he's an adult and you stated that "there should be a way for a family reunion" in your case.  There isn't.

 

Don't shoot the messenger when you don't like the answers.  Especially when people are trying to help you.  

[Boiler 43,748]

The US is actually very generous in the Family Categories, expecting a Permanent Resident to bring an adult nephew does seem somewhat optimistic.

 

It does seem that a significant percentage of students intend to stay once they have qualified, usually through work so I would not rule that route out entirely.

[v2talk 10]

1 hour ago, aaron2020 said:

Susie has been helpful in providing you with answers.  She clarified that there is no way for your wife's nephew to immigrate since he's an adult and you stated that "there should be a way for a family reunion" in your case.  There isn't.

 

Don't shoot the messenger when you don't like the answers.  Especially when people are trying to help you.  

We can perfectly sort things out with Susie, we don't need a mediator. You are being rude and arrogant trying to interfere and preaching to me. If you are having a bad day, do not spread it to others. 

 

1 hour ago, SusieQQQ said:

You said “There should be a way for a family reunion in our case.“  There is no nephew visa and no route to a visa through an adoption after age 16.  So practically, the only way for a family reunion is in their home country and not the US. Is that more clear? 

That was clear already if you could read between the lines. No doubt you understand that I did not like the reference to the 'home country' and the overall tone that you took: " I’m sure she is perfectly able to adopt him and look after him in his home country" It's totally out of context and misplaced, especially these times, with this administration and on the background of the posted question. It makes you look less helpful and more hateful. 

 

The reason that I said  "there should be a way for a family reunion" is that the US immigration law is striving to provide ways for families to immigrate together. It's a basic human right. Unmarried children under 21 years of age can immigrate with parent, why orphans and adopted children should not be able to? My assumption was that the law does its best to provide an avenue for every person to legally immigrate and may have something in store for this more complex case. 

 

Another point, you did not ask if he is special needs or capable of survival in the context of his location. "he is legally an adult" You are referring to the word of law, but my understanding was that I was speaking to humans here. 

 

[SusieQQQ 11,585]

7 minutes ago, v2talk said:

is that the US immigration law is striving to provide ways for families to immigrate together. It's a basic human right

This is your basic error of assumption. The US does not consider immigration to be a right. It is a privilege.

 

I don’t see a point in responding to the rest of the post, venting at other posters because you don’t like the law doesn’t require a response. 

Edited September 12, 2020 by SusieQQQ