Bringing nephew to U.S.

[James T]

Does anyone know the procedure, possibilities, costs etc. if my wife wanted to bring her only nephew (last to carry on the parents family name - they're both dead now) to the U.S. He's about 18 years old and family wants him to have a good life, possibly in U.S. as it isn't easy to find a job in southern China now. Does he have to live with us like under some kind of sponsorship with him being our responsibility. I know, or think I know, that it might be easier to bring a son or sister or other very close family member to the U.S.; but what about bringing a nephew (brother's son). Thanks for the input! Jim T

[Guest pushbrk]

  Does anyone know the procedure, possibilities, costs etc. if my wife wanted to bring her only nephew (last to carry on the parents family name - they're both dead now) to the U.S.  He's about 18 years old and family wants him to have a good life, possibly in U.S. as it isn't easy to find a job in southern China now.  Does he have to live with us like under some kind of sponsorship with him being our responsibility.  I know, or think I know, that it might be easier to bring a son or sister or other very close family member to the U.S.; but what about bringing a nephew (brother's son).  Thanks for the input!  Jim T

234067[/snapback]

Unless she adopts him as her child, it will take a very long time to get him here as a family member. If he is already 18 she may not be able to adopt because he is adult. Not sure about Chinese law on this.

 

Your circumstances matter too. Where are you in which visa process?

[LeeFisher3]

There are procedures for bringing Parents, Siblings and children to the US, but they do not provide information on how to skip past one of these direct relationships to bring other relatives to the US. Most require the direct relative to be a US Citizen.

 

As Mike mentioned if he is her adopted son this can become very simple. If you are in the beginning of a K visa you would need this adoption to take place prior to filing the I-129F to make things easier. But this all depends on Chinese law and if the child can be adopted at his age.

 

I just looked and see you are somewhere in the AOS process, it might be possible for your wife to return to China and adopt him and move forward that way, but you need to be sure this is possible. I would suggest you contact a GOOD immigration attorney who is very familiar with family related cases to see where you stand.

Edited July 27, 2006 by LeeFisher3 (see edit history)

[warpedbored]

This is going to be very difficult to do but maybe not impossible. It will take years though. He would be under a quota system of which sons and daughters of permanent residents are 2nd pick. Not very feasible.

[Angel18]

  Does anyone know the procedure, possibilities, costs etc. if my wife wanted to bring her only nephew (last to carry on the parents family name - they're both dead now) to the U.S.  He's about 18 years old and family wants him to have a good life, possibly in U.S. as it isn't easy to find a job in southern China now.  Does he have to live with us like under some kind of sponsorship with him being our responsibility.  I know, or think I know, that it might be easier to bring a son or sister or other very close family member to the U.S.; but what about bringing a nephew (brother's son).  Thanks for the input!  Jim T

234067[/snapback]

It is almost impossible. First, he is too old to be adopted. Second, Chinese laws forbides adoption by designation, which means you or your wife can only adopt someone whom the adoption agency in China assigned to you. Third, as a green card holder, you wife can not petition immigration for other relatives other than immediate ones, even for her immediate relatives, it takes for ever and more complicated process than the one you did for her. Only way I can think is the nephew needs to do it by his own-- to pass TOFEL test and apply to go to college here in the U.S.

[Dan R]

Student visa is the fastest and easiest if he can qualify. In this case adoption is not an option since he is over 16. Do you know someone with a business that has over 50 employees and can write a job description that would make it difficult to hire an American? The employment visa is the easiest to get qualified. I know people that have brought their whole extended family over this way. A clever immigration attorney should be able to guide you through it. I would say the company must be looking for a skill that a young aprentice in China could learn.

 

Good luck