Bringing Nephew to US Student Visa?

[BillV 8-16-2004]

My wife would like to bring her nephew to the US in the future to attend school he is still young 8 years old, is this possible? and what procedures would be necessary? what is the earliest age he could come if possibe? Thanks!

[Randy W]

Check http://travel.state.gov/visa/temp/types/types_1268.html

 

My guess is no, but you might check with a school he might wish to attend. If they can issue an I-20 certificate of Eligibility for Nonimmigrant Student Status, then it's a good bet that it's possible.

 

Hugh school might be possible, and the university level very possible

Edited July 13, 2009 by Randy W (see edit history)

[amberjack1234]

My wifes brother wanted us to adopt his 7 year old son and bring him to America raise him and send him to school including collage then send him back to dear old dad so that he can take care of dad in his old age. What would we get out of it nothing. Wife said no deal no can do!!!

 

This is a much longer story this is what was wanted and the end result.

 

Larry

[BillV 8-16-2004]

My wife is currently sending her nephew to private school in China, he is doing very well in school and is at the top of his class. We would like to see him get all the opportunities to advance in life through an education, we don't want anything in return or expect it, what he does with his life after he finishes school is up to him, we just feel we can help him obtain his goals easier since he is very raised by a single parent who doesn't have the means to. My wife is a very giving person and never expects anything in return, her satisfaction is in helping others.

 

 

My wifes brother wanted us to adopt his 7 year old son and bring him to America raise him and send him to school including collage then send him back to dear old dad so that he can take care of dad in his old age. What would we get out of it nothing. Wife said no deal no can do!!!

 

This is a much longer story this is what was wanted and the end result.

 

Larry

[Randy W]

Have you thought about adopting him?

[Guest Wuhan4me]

It sounded like you had a game plan for this, last week, in another thread. Really...

 

FWIW, even at 'that age' - he can get in to a PRIVATE school, as long as 'that school' has a history of filing I-20's.

 

IMO, 8 is a bit young, so yer gonna have more scrutiny.

 

After 2 years of him being in your household IN THE USA, however, you can legally adopt him, and bypass any further I-20 yearly renewals.

He will be in a 'state of limbo' re: citizenship until you file some additional paperwork.

 

What does his mother REALLY want? Private schools in China cost much less than Private Schools in USA, usually by 1 or 2 orders of magnitude.

 

I would suggest 'middle school' or 'junior high' age, really.

 

We're doing something similar with a nephew, also.

Edited July 14, 2009 by Wuhan4me (see edit history)

[dnoblett]

My wifes brother wanted us to adopt his 7 year old son and bring him to America raise him and send him to school including collage then send him back to dear old dad so that he can take care of dad in his old age. What would we get out of it nothing. Wife said no deal no can do!!!

 

This is a much longer story this is what was wanted and the end result.

 

Larry

 

Have you thought about adopting him?

This will require child's parents to give up custody.

 

There are five primary elements to the Convention adoptee classification. In addition to other applicable requirements, all of the following must be true for a child to be eligible for the Convention adoptee classification:

1. The child is under the age of 16 at the time the I-800 is filed on his or her behalf (taking into account special rules on filing dates for children aged 15-16), is unmarried, and lives in a Convention country;
   
2. The child will be adopted by a married U.S. citizen and spouse jointly, or by an unmarried U.S. citizen at least 25 years of age, habitually resident in the United States, whom USCIS has found suitable and eligible to adopt (Form I-800A approval) with the intent of creating a legal parent-child relationship. Note that at this stage the child must not have been adopted yet, unless that adoption has been voided by the country of origin. (USCIS, in September 2008 FAQs on its website, offered guidance on cases in which the adoption cannot be voided in the country of origin.);
   
3. The child¡¯s birth parents (or parent if the child has a sole or surviving parent), or other legal custodian, individuals, or entities whose consent is necessary for adoption, freely gave their written irrevocable consent to the termination of their legal relationship with the child and to the child¡¯s emigration and adoption;
   
4. If the child has two living birthparents who were the last legal custodians who signed the irrevocable consent to adoption, they are determined to be incapable of providing proper care for the child; and
   
5. The child has been adopted or will be adopted in the United States or in the Convention country in accordance with the rules and procedures elaborated in the Hague Adoption Convention and the Intercountry Adoption Act of 2000 (IAA), including that accredited adoption service providers were used when required, and there is no indication of improper inducement, fraud, misrepresentation, or prohibited contact associated with the case.
   

MORE: http://adoption.state.gov/

[Randy W]

 

 

Have you thought about adopting him?

This will require child's parents to give up custody.

 

 

That would pretty much be the definition of adoption.

 

The advantage, of course, is that he would be able to go to school in the US. His parents may or may not be willing to give up legal custody in favor of his US schooling and possible citizenship.

 

I like wuhan's plan of getting the I-20 first, and then going for the adoption, but like he said, that may be difficult at his age. Even through high school, for the most part we're talking about 1 year exchange programs.

 

But it's pretty much of a chicken or the egg-type situation, with the key being the adoption requirements, or if a school can be found that will issue an I-20 (and, of course, whether he can get a visa)

 

The F-1 visa is for the university level.

[C4Racer]

 

 

Have you thought about adopting him?

This will require child's parents to give up custody.

 

 

That would pretty much be the definition of adoption.

 

The advantage, of course, is that he would be able to go to school in the US. His parents may or may not be willing to give up legal custody in favor of his US schooling and possible citizenship.

 

I like wuhan's plan of getting the I-20 first, and then going for the adoption, but like he said, that may be difficult at his age. Even through high school, for the most part we're talking about 1 year exchange programs.

 

But it's pretty much of a chicken or the egg-type situation, with the key being the adoption requirements, or if a school can be found that will issue an I-20 (and, of course, whether he can get a visa)

 

The F-1 visa is for the university level.

 

You guys can rule out adoption. China will allow the adoption, but the adoption will not fit the US Immigration ruling on adoption.

 

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

I already checked out this angle as my wife wanted to do the same. I even enlisted the help of an adoption agency here. They are my customer and made a few calls to see if was possible. China would assist, but the US would block being able to bring the child here.

 

The only way she can bring her nephew here is to gain US citizenship, file for her brother/sister and have nephew come over on same application. This will take about ten years.

Edited July 15, 2009 by C4Racer (see edit history)

[Guest Wuhan4me]

 

 

Have you thought about adopting him?

This will require child's parents to give up custody.

 

 

That would pretty much be the definition of adoption.

 

The advantage, of course, is that he would be able to go to school in the US. His parents may or may not be willing to give up legal custody in favor of his US schooling and possible citizenship.

 

I like wuhan's plan of getting the I-20 first, and then going for the adoption, but like he said, that may be difficult at his age. Even through high school, for the most part we're talking about 1 year exchange programs.

 

But it's pretty much of a chicken or the egg-type situation, with the key being the adoption requirements, or if a school can be found that will issue an I-20 (and, of course, whether he can get a visa)

 

The F-1 visa is for the university level.

 

You guys can rule out adoption. China will allow the adoption, but the adoption will not fit the US Immigration ruling on adoption.

 

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

I already checked out this angle as my wife wanted to do the same. I even enlisted the help of an adoption agency here. They are my customer and made a few calls to see if was possible. China would assist, but the US would block being able to bring the child here.

 

The only way she can bring her nephew here is to gain US citizenship, file for her brother/sister and have nephew come over on same application. This will take about ten years.

 

 

You're gonna 'hate this', what follows, cause I am gonna 'mince words'....

 

The adoption laws and guidelines are for '2 years of residence' at a USC's address. When the 'student' comes in on a I-20, and LIVES with the USC for 2 years, it meets the prerequisites in the guidelines.

 

So, with concept of 'being able to bring the child here', for adoption, is NOT what I'm writing about - the I-20 is first, ya wait two years, THEN file for adoption. NOT the scenario that you've described. You might want to go back to your client, and present MY scenario, instead. The scenario that you've described is not do-able.

[Randy W]

 

 

Have you thought about adopting him?

This will require child's parents to give up custody.

 

 

That would pretty much be the definition of adoption.

 

The advantage, of course, is that he would be able to go to school in the US. His parents may or may not be willing to give up legal custody in favor of his US schooling and possible citizenship.

 

I like wuhan's plan of getting the I-20 first, and then going for the adoption, but like he said, that may be difficult at his age. Even through high school, for the most part we're talking about 1 year exchange programs.

 

But it's pretty much of a chicken or the egg-type situation, with the key being the adoption requirements, or if a school can be found that will issue an I-20 (and, of course, whether he can get a visa)

 

The F-1 visa is for the university level.

 

You guys can rule out adoption. China will allow the adoption, but the adoption will not fit the US Immigration ruling on adoption.

 

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

I already checked out this angle as my wife wanted to do the same. I even enlisted the help of an adoption agency here. They are my customer and made a few calls to see if was possible. China would assist, but the US would block being able to bring the child here.

 

The only way she can bring her nephew here is to gain US citizenship, file for her brother/sister and have nephew come over on same application. This will take about ten years.

 

 

You're gonna 'hate this', what follows, cause I am gonna 'mince words'....

 

The adoption laws and guidelines are for '2 years of residence' at a USC's address. When the 'student' comes in on a I-20, and LIVES with the USC for 2 years, it meets the prerequisites in the guidelines.

 

So, with concept of 'being able to bring the child here', for adoption, is NOT what I'm writing about - the I-20 is first, ya wait two years, THEN file for adoption. NOT the scenario that you've described. You might want to go back to your client, and present MY scenario, instead. The scenario that you've described is not do-able.

 

 

But the question boils down to how to get him here. So where would they get an I-20, and what visa would he apply for?

 

Seems like that's not likely until he's college age, unless I'm missing something.

[Guest Wuhan4me]

 

 

But the question boils down to how to get him here. So where would they get an I-20, and what visa would he apply for?

 

Seems like that's not likely until he's college age, unless I'm missing something.

 

Private School with a prior history of I-20 students. Expect to pay tuition, as well. I-20's don't solely apply to college age students.. Thankfully !!

 

My apologies, I somehow felt that question you posed already has a known answer - I see you weren't able to understand what I was going on about... Perhaps I wasn't clear?

 

Find a private school with a history of handling I-20 students. Apply at the school. The SCHOOL handles the I-20 paperwork, back to DOS. The young'un comes in on a STUDENT VISA, which must be renewed yearly THROUGH the SCHOOL.

Edited July 16, 2009 by Wuhan4me (see edit history)

[Randy W]

 

 

But the question boils down to how to get him here. So where would they get an I-20, and what visa would he apply for?

 

Seems like that's not likely until he's college age, unless I'm missing something.

 

Private School with a prior history of I-20 students. Expect to pay tuition, as well. I-20's don't solely apply to college age students.. Thankfully !!

 

My apologies, I somehow felt that question you posed already has a known answer - I see you weren't able to understand what I was going on about... Perhaps I wasn't clear?

 

Find a private school with a history of handling I-20 students. Apply at the school. The SCHOOL handles the I-20 paperwork, back to DOS. The young'un comes in on a STUDENT VISA, which must be renewed yearly THROUGH the SCHOOL.

 

 

Perhaps you weren't - the school doesn't handle the visa - the student would apply for it. What visa does he apply for? AND what are the actual chances of it coming through? i.e., FINDING a school that will issue an I-20 for an 8 year old, and then acquiring a M-1 or F-1 visa.

 

http://travel.state.gov/visa/temp/types/types_1268.html

 

"Questions on visa application procedures and visa ineligibilities should be made to the American consular office abroad by the applicant."

 

http://guangzhou.usembassy-china.org.cn/student_visas.html

[C4Racer]

 

 

But the question boils down to how to get him here. So where would they get an I-20, and what visa would he apply for?

 

Seems like that's not likely until he's college age, unless I'm missing something.

 

Private School with a prior history of I-20 students. Expect to pay tuition, as well. I-20's don't solely apply to college age students.. Thankfully !!

 

My apologies, I somehow felt that question you posed already has a known answer - I see you weren't able to understand what I was going on about... Perhaps I wasn't clear?

 

Find a private school with a history of handling I-20 students. Apply at the school. The SCHOOL handles the I-20 paperwork, back to DOS. The young'un comes in on a STUDENT VISA, which must be renewed yearly THROUGH the SCHOOL.

 

 

Perhaps you weren't - the school doesn't handle the visa - the student would apply for it. What visa does he apply for? AND what are the actual chances of it coming through? i.e., FINDING a school that will issue an I-20 for an 8 year old, and then acquiring a M-1 or F-1 visa.

 

http://travel.state.gov/visa/temp/types/types_1268.html

 

"Questions on visa application procedures and visa ineligibilities should be made to the American consular office abroad by the applicant."

 

http://guangzhou.usembassy-china.org.cn/student_visas.html

 

 

 

Okay, I see where he is going with this. This would be a great possibility. The school doesn't issue the visa, but rather accepts the foreign student. If you are accepted, the school should send you USCIS Form I-20 M-N/ID (Certificate of Eligibility for Nonimmigrant (M-1) Student Status - For Vocational Students. This allows you the ability to get the student visa. Here is a link for the full deal..

 

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

Nice information, Thanks Wuhan4me. Any idea what the youngest age for students for whom this is normally done? My searches seem to indicate that the student must be in high school. Maybe we can look at this later.

Edited July 16, 2009 by C4Racer (see edit history)

[Randy W]

Another page to read

 

DOS - http://travel.state.gov/visa/temp/types/types_1269.html

 

Can students come to live with U.S. citizen relatives while attending public school?

 

Foreign students may come to the U.S. to live with U.S. citizen relatives while attending public school. The child is limited to twelve months of study in secondary school (high school). The child may not study in elementary school. It should be noted however, that the student's status as a resident of the school district and the fact that the U.S. citizen has paid local property/school taxes is irrelevant and does not fulfill the cost reimbursement requirement of the Immigration and Nationality Act (INA) 214 (m). Therefore, the full tuition costs must be paid to the school or school district.