Aikido251

Hi,

Is it possible for us to adopt my nephew (his father is my first cousin). My
nephew is not an orphan, about 9 years old. I am a US citizen while my wife is
a US permanent resident?

Thanks

Sylvia Ottemoeller

"Aikido251" wrote in message
news:[email protected]...

    > Is it possible for us to adopt my nephew (his father is my first cousin).
My
    > nephew is not an orphan, about 9 years old. I am a US citizen while my
wife is
    > a US permanent resident?

Maybe.

I have posted a couple of times on the adoption of nephews. The information
applies to any non-orphan, really. The information in these posts is still
fairly accurate and current.

http://groups.google.com/groups?hl=e...lm=3CC5CEDB.80
80507%40saonet.ucla.edu

In this situation, the child was outside the U.S. There would be a problem
of the U.S. permanent resident mother preserving status during the required
two-year co-residence period outside the U.S.

http://groups.google.com/groups?hl=e...lm=3D07D9C3.20
40109%40saonet.ucla.edu

In this situation, there were two nephews who had entered the U.S. somehow,
I assumed as B-2 visitors.

If you can get your nephew into the U.S. in B-2 status, the two-year
co-residence period can take place in the U.S. However, you dare not hint
of the permanent intentions until you get the child into the U.S.

The first thing you need to do, after getting the child into the U.S., is to
get guardianship. Later, when you are ready to adopt, the parents of the
child must terminate their parental rights, or be proved to have abandoned
the child.

You really need a good attorney, or perhaps two good attorneys. It is not
the easiest thing in the world to find the right attorney for this type of
situation.