NgocN.

10 hours ago, Boiler said:

F1 visa looks the more obvious option.

Thank you. 

6 hours ago, aaron2020 said:

Chao em Ngoc,

 

If it was this easy, Vietnamese would already have done this a lot.  Unfortunately, the US Government have made strict rules when it come to petitioning for an adopted child.  

You can adopt your nephew in VN but you will not be able to bring him here as your adopted child.  He has living parents, so it's a no go for US immigration.  Even if he had only one living parent, you would have to go to court to show that the parent is a bad parent and can not care for their child, meet the 2 years legal custody requirement, etc. before you petition for him.  Merely living together with him and his parents will not work for the 2 years custody.  

 

There is nothing you can do to help your nephew with immigration to the US.  Once his parents become LPRS, they can file for him in the F2b category.   

Consider bringing him over for college if you can afford out-of-state tuition.  That's the best you can do for him.  

 

 

 

Thanks for your advice.  I appreciate it. 

35 minutes ago, Luckycuds said:

I think you think this is easier than it is. It’s real difficult to do an international adoption with a live parent. Father is dead?  Mother is willing to give up this child?!? If so what’s the purpose of her immigrating here in a few years as well.

 

https://www.dhs.gov/how-do-i/adopt-child-internationally
 

WARNING: Vietnam is party to the Hague Adoption Convention. Do not adopt or obtain legal custody of a child in Vietnam before a U.S. consular officer issues an “Article 5/17 Letter” in the case.

 

Start by reading:

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Intercountry-Adoption-Country-Information/VietNam.html

Thanks for advice and helpful info. I appreciate it. 

38 minutes ago, designguy said:

Adoption for the purposes of immigration would be fraud. He is living with his parents right now which is a big red flag. There is no way the US immigration system will accept the adoption and allow you to bring him in as your "son".

Thank you for advice. I appreciate it. 

I'm also filling I-130 to sponsor my sister.  Since my nephew is 14 years old. He will be definitely over 21 years old at the time my sister case is processed, and he would be the only one be rejected since over 21. So that, I'm thinking I would not include my nephew in my sister's I-130, and will adopt him and file for adoption. Any advice please?

Who have any experience in sponsor adopted child process to usa, please advise! Im gonna to go back to Vietnam and adopt my nephew, file I-130 to bring him to USA for studying. However I'm confused about how to prove the time we had had lived together for 3-4 years since he was born...before I moved to the USA. Will it be accepted to accrue the time length that we resided together before legally adopting in paperwork (legally custody)? And where (what office in Vietnam) should I go to do paperwork for adoption my nephew? He is living with his parents (my sister) in Cantho city now. He's 14 years old. 

Thank you very much. All advice will be greatly appreciated. 

Hi there, 

Did you apply for renewal vietnameses passport? How much for renew fee? I've tried to contact VN embassy many times in many days, but they're unable to take the phone. I agree with you....It's bad service! I need to renew my Dad's passport.  It will be expired on Jan 2018. One of my friend told me...the renew fee is $170, but she is not sure also (another person told her fee is $170). I've known fee has been increased, but don't know how much. Thanks for any advice!

Hi there again!

Do you know how long they will keep my dad in separate room after he show them the AP-authorization of parole_at the airport? He landed at LAX airport at 9 pm today. They're keeping him in separate room until now (12:10am) already.  He is low vision, no English.  Poor him! Why they keep him while the parole is supposed to let him get in.

Thank you for any advice. 

Thank you so much!

Thanks for your advice.  I appreciate it. However, I'm still confused with the date stamped on my dad I-94. There are 2 date stamped on it. One is the date enter into the usa (June 28, 2016). One is "until" date (Dec 28, 2016). So, which date should be counted for overstayed to know if my dad overstayed over 180 days or not? June 28, 2016 to March 28, 2017 or Dec 28, 2016 to March 28, 2017??

My dad has been waiting for I-130 and I-485 process. I'm petitioner.  However,  he had to go back to Vietnam for health issue, and get his daily medication for next couple months.  Anyway he is in Vietnam now. He left usa after he got AP- authorization Of Parole. NOA1 date is August 4, 2016. His AP I-512l_Authorization of Parole approved on October 28, 2016, and expired on October 28, 2017. He's going to come back to us for interview schedule.  (We received a letter said his case is pending for interview schedule,  but didn't say what date yet). The thing is he left usa after his visa expiration date 3 months. He came usa on june 28, 2016. His visa expired on December 28, 2016. He left usa on March 28, 2017. Anyway, He had stayed in USA totally 9 months: visa permitted 6 months, and stayed after visa expired 3 months.

According to Authorization of Parole will not allow to enter USA if unlawful presence (mean overstayed more 180 days in usa).

I have read some discussion about how to calculate days of overatayed, but there are many different answers.  Some said days since visa expiration of date to the date of leaving usa. Some said days after NOA1 to the date of leaving usa. Some said days after the date on Adjustment of Status I-485 to the date of leaving usa.  I'm confused.

So my questions is:

1. How can we calculate how many days he overstayed in USA? Is it considered since date of visa expiration date to the date he's leaving USA, or considered since what date to the date he's leaving usa?

2. Is his situation is considered overstayed and unlawful presence?

3. Can he reenter to usa with AP_ authorization of Parole before the due date state on Parole (October 28, 2017)?

I very appreciate to your advice for my dad situation.  Thank you.