_norbert

Thanks all for your great help.

I don't think I explain myself clearly. They have private care takers most of the time. Their mother is seeking another marriage and is totally careless about her kids. She is giving the custody to my father because she doesn't want the kids. 

My parent have been doing their best to take care of them but leaving U.S. and going back is not an option and certainly is not a long term option because they did it frequently for a few months here and there. 

Don't get existential about "mother", we would love if she could care about them and we didn't have to worry about the kids. Trust me.

6 hours ago, JFH said:

There is a lot more to raising a child than money. Sending money is not raising a child or taking care of them. It’s sending money. When USCIS refers to people being “unable to care for their children” they are referring to people who are incarcerated, terminally ill or suffering such severe mental illness that they cannot function. Many people are poor throughout the world. That doesn’t mean their children would be better off with other people. Children don’t understand money, cost of living, etc. And taking a child away from the mother, no matter how well intentioned your actions are, almost always leads to some emotional damage. 

 

It's not just the money. The house they live in is my parents'. The school they go is paid by their grandparents. Their mother is just like a nanny and has already given the custody to their grandfather because she doesn't want the kids anymore (for whatever reason I don't know).

Their grandfather is citizen not their father. 

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.  

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. 

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 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

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.