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.

Answer Applies to: California
Replied: 11/30/2011

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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.

Answer Applies to: Texas
Replied: 11/14/2011

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You will have to adopt him in his country of origin, then file the appropriate adoption forms with USCIS (Form I-600). This is a complicated process that I think will necessitate a lawyer to help you through it. But if you feel you can handle it, then go for it.

Answer Applies to: California
Replied: 11/11/2011

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You will need to adopt him in order for him to immigrate to the US.

Answer Applies to: Tennessee
Replied: 11/11/2011

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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.

Answer Applies to: South Carolina
Replied: 11/11/2011

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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.

Answer Applies to: Nevada
Replied: 11/11/2011

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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.

Answer Applies to: California
Replied: 11/11/2011

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If he is a bona fide orphan, you can bring him to the U.S. on an orphan petition. Otherwise, you can legally adopt him and bring him here through an adoption process. However, you have to legally adopt him and then he must live in your legal and physical custody for two years before he can immigrate. He cannot enter on a tourist visa to fulfill that two year period because he must demonstrate nonimmigrant intent to enter on a tourist visa and if you adopt him, he has clear immigrant intent. He will either have to try to obtain humanitarian parole to enter the U.S. or you might have to go to his home country and live with him there for two years before he can immigrate.

Answer Applies to: Colorado
Replied: 11/11/2011

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There is no method for petitioning for your nephew to receive an immigrant visa. You could potentially bring your nephew to the United States with an immigrant visa if you adopt him. This is a complex matter and we would need additional information to fully assess the case.

Answer Applies to: New York
Replied: 11/11/2011

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There are no immigrant classifications for nephew, so you may want to consider nonimmigrant classifications such as F-1 student. Once in the U.S. as an F-1 student, you may then want to consider adoption, as that would likely provide an avenue for adjustment of status to permanent resident and, as a result of the adjustment of status, U.S. citizenship. The difficulties that I envision with this approach would be the strict nonimmigrant intent requirements for F-1 student may be hard to satisfy, based simply on the facts you have stated. Consular Officials may determine that this child is not going to return because there is no one left to care for him in his home country. That may create an opening for an application for humanitarian parole. Another problem that may arise is securing the home government's permission for the child to leave, if no parent is available to give consent. This may require that you obtain some form of guardianship or legal custody order.

Answer Applies to: Illinois
Replied: 11/11/2011

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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.

Answer Applies to: Virginia
Replied: 11/10/2011

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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.

Answer Applies to: California
Replied: 11/10/2011

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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.

Answer Applies to: New York
Replied: 11/10/2011

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You would have to legally adopt him.

Answer Applies to: New York
Replied: 11/10/2011

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