QUESTION

How can I bring my nine year old nephew to the US if his mother died?

Asked on Nov 09th, 2011 on Immigration - New York
More details to this question:
I want to bring my 9 year old nephew to the US because his mom died and has nobody to take care of him. What are the requirements for me to be able to do so?
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9 ANSWERS

You would have to try to adopt him and once he is legally declared to be your child, then you can bring him to the US.
Answered on Nov 30th, 2011 at 4:29 PM

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Assault Attorney serving Richardson, TX
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This will probably require help from an attorney. You may try through Catholic Charities or another accredited agency for help if you are too poor to hire one.
Answered on Nov 14th, 2011 at 1:00 PM

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Criminal Law Attorney serving Las Vegas, NV at Reza Athari & Associates, PLLC
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He may qualify as an orphan or by adoption. Adoptions are nowadays very complicated depending on the country of birth. You must consult with an experienced immigration attorney before you do anything else.
Answered on Nov 11th, 2011 at 1:56 PM

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Litigation Attorney serving Goose Creek, SC at Miller | Conway
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The first issue is whether you are a U.S. citizen. For purposes of this answer I will assume you are a U.S. citizen. If your nephew is a legitimate orphan you can bring him to the U.S. on an orphan petition. In the alternative, you could adopt your nephew and bring him to the U.S. through the adoption process. That said, you must first legally adopt him and he must live in your legal and physical custody for two (2) years before he can immigrate to the U.S. Your nephew cannot simply enter the country on a tourist visa and spend two (2) years in your custody in order to fulfill the two (2) year requirement as he must demonstrate nonimmigrant intent to enter on a tourist visa. If you adopt your nephew and he enters on a tourist visa this indicates an intent to immigrate. Possible alternative options include attempting to obtain humanitarian parole to enter the U.S. or going to your nephew's country, filing for legal physical custody and living with him in his native country for two (2) years before he can come to the U.S. Contact an immigration attorney for assistance.
Answered on Nov 11th, 2011 at 1:56 PM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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You can make efforts to adopt him. However, it is no easy process and there is a two year legal custody requirement.
Answered on Nov 11th, 2011 at 1:32 PM

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Immigration Attorney serving Alexandria, VA
If you are a United States citizen, you may adopt your nephew in the courts of the country of your nephew's citizenship, and then apply to USCIS for a visa to bring your adopted child to the US to reside with you.
Answered on Nov 11th, 2011 at 8:59 AM

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Immigration and Naturalization Attorney serving San Diego, CA
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If he qualifies as an orphan you may be able to adopt him and bring him that way depending on the facts, what country, where is the Dad, etc.
Answered on Nov 11th, 2011 at 8:41 AM

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Criminal Defense Attorney serving New York, NY at Law Offices of Nicklaus Misiti, PLLC
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You may be able to adopt him as an orphan or get him a status Special Juvenile Immigrant. Both options have very detailed requirements to qualify. You need to speak to an immigration attorney directly.
Answered on Nov 11th, 2011 at 8:30 AM

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Bankruptcy & Debt Attorney serving Jackson Heights, NY at Ruiz Law Group PC
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You would have to legally adopt him.
Answered on Nov 11th, 2011 at 7:38 AM

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