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Okay, hopping over from the Russian boards. not sure you all can help or not but maybe someone can point me in the right direction. We have a friend who is a US Citizen. His brother is dying of stage 4 lung cancer in China. His brother has an 18yo son and there is no one else over there that could look after him. The US Citizen would love to be able to adopt him and bring him to the US. He is a relative of course. Is there any way he would be able to do this? If so, where should he start? Thanks in advance for any help.
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The main issue would not be with China.
The USCIS will NOT grant an adoption visa to anyone -- relative or non-relative --who has reached age 16 when the I-600/I-800 is filed. The only exception is that a person who has already adopted one child from a country may adopt that child's biological sibling and obtain an adoption visa for him/her if the new child has not reached his/her 18th birthday when the I-600/I-800 is filed.
You should also be aware that China does not consider children adoptable once they reach age 14. Whether that would be waived for adoption by an overseas relative is not clear; however, even if it was allowed, the USCIS issue would still remain.
Your relative would do better to explore other types of visa. As an example, if the son could qualify for admission to a U.S. college, and your friend was willing to guarantee his tuition, living expenses, etc., your friend might be able to bring him to the U.S. on an education visa. Technically, he would have to return to China if he graduated or dropped out, but your friend would have time to work with U.S. attorneys to seek other ways to keep him in the U.S.
For more comprehensive and reliable advice, your friend should contact a reputable adoption/immigration lawyer in this country.
Sharon
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can i keep my 8 year-old niece here while she is visiting on a tourist visa then adopt her and get her American citizenship or will she need to go back and then emigrate here after all paperwork is complete?
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Sonia11,
No, you can't adopt her here while she is on a tourist visa. She needs to return - if you explore other visa options, e.g. an educational visa, you will find that overstaying on another visa will place her in jeopardy for future visas.
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I agree with Max's Mom. Your niece cannot remain in the U.S. after her tourist visa expires. The adoption process can be long, and she will have to be in China until it is completed and she is granted an adoption visa. The same is true if you apply for some other type of visa. Let me suggest that you contact an experienced adoption/immigration attorney, as there are some complexities.
Sharon
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