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Does anyone have any information on how to adopt a child after they have left the orphanage at age 16. My wife and I adopted his brother (3 years old) August 2009 and would like to bring his brother over here as well.
Is there a way to have a work or school VISA to bring him over here?
The U.S. Immigration and Nationality Act indicates that children can be brought to the U.S. on an adoption visa ONLY if they have not yet reached age 16 when the "orphan petition" is filed with the USCIS. Normally, this is NEVER waived.
HOWEVER, there is one exception in the law, which may help you. If you are adopting the biological sibling of a child who is already in your home, the orphan petition may be submitted up until he/she turns 18.
So you DO have a chance, as long as the foreign government permits the adoption of a child who is 16. Many countries do not allow the adoption of children once they reach their early to mid teens, feeling that they will never adjust to such a big disruption in their lives.
Sharon
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ccroke3377
Is there a way to have a work or school VISA to bring him over here?
H1b work visa is only available to those with a bachelor's degree or higher.
H2b is available for seasonal work for nationals of some countries. Ukraine is one of them, but can you really find an employer for this child who would agree to hire an immigration attorney to make this happen? The kid will also have to prove non-immigrant intent.
F-1 student visa is available in these cases:
- for 1 year for those in a public high school. You will still need to pay for his/her education. The school will be able to tell you how much it would be.
- without a time limit in private high schools. You'll have to pay the tuition or find him a scholarship.
- without a time limit per se in colleges and universities. The kid will have to take SAT and TOEFL exams, that is - he has to know English pretty much as well as a native speaker. You will have to pay out-of-state tuition or find him a scholarship..
- ESL programs. Some schools are accredited and provide form I-20. You will have to pay for the studies.
For F-1 visa, the kid will also have to prove non-immigrant intent.