Adopting nieces from Taiwan

March 11, 2012

I would like to adopt my brother's children, twins age 12, from Taiwan. My brother and his wife would like me to be able to adopt them as they are under long-term hardship. I have dual citizenship, Taiwan and US. I am checking all options but ran into roadblocks.

I could go to Taiwan in the summer and file application for legal adoption. However, the problem is getting visas for them to come back with me as I cannot stay in Taiwan physically for 2 years. Currently, they are not considered orphens as they do have parents. I was told by the local immigration office that IR-3 visa will not apply.

If I bring them on student visas, what is the process to adjust status? Do they need to return to Taiwan on an annual basis to renew student visa?

sak9645

March 12, 2012

The U.S. does not consider a child an "eligible orphan", entitled to an adoption visa, if he/she has been living with two parents, however poor they may be. The child must be either:

1. The child of a single parent who cannot support the child at a level considered normal in the country.

2. The child of two deceased parents.

3. The child of parents who have abandoned him/her and have not had contact.

4. The child of parents who have legally relinquished him/her, and have had no contact with him/her for a signifcant period of time, such as a year.

5. A child who has been removed from the biological family, by a legitimate action of a court that involves termination of parental rights, for reasons such as abuse or neglect.

If the child does not meet the "orphan definition", the only way to immigrate the child to the U.S. is to live overseas with him/her for two years, as you have been told, and then to apply for a dependent visa. You cannot get an IR-3 or IR-4 visa for the child.

You cannot bring the twins to the U.S. on temporary visas if you plan on trying to keep them here permanently. That would be considered a form of adoption fraud. While some people may have been able to get status adjusted, don't count on it. Consult a good immigration/adoption lawyer for advice.

You cannot renew a student visa by going to your home country annually, as far as I know. A person's student visa expires when he/she graduates from the program which has been authorized by the USCIS, when he/she drops out of the USCIS-authorized program, or when his/her sponsorship arrangements are no longer valid. Remember that not all schools qualify under USCIS rules, and that there are sponsorship arrangements required, which ensure that the chilren's expenses are paid in the U.S. Children on student visas generally cannot attend public schools, so you would have to be able to show that you can support the children fully AND pay private school costs (if they are not accepted to a school that offers financial aid.)

Can you and any of your relatives provide funds to your brother and his wife, so that they do not have to relinquish the children, at least for a few years? Could any relatives or friends in Taiwan adopt the children, if adoption becomes necessary? Those really might be your best options

However, it is always wise to talk about these issues with a highly reputable and experienced immigration/adoption attorney.