I am looking for some help in this situation. I just became US Citizen, originally from the Philippines. I
am soon going to file with the INS to have my mother come and join me and my husband. However, my
mother has been taking care of her 1 1/2 year old granddaughter (my niece) since birth. The mother of
the child (my sister) is unable to care for the child as she has 7 other children. My husband and I have
been fully supporting my mother and my niece since birth. My question is --- is there any way we can
adopt this child and bring her and my mother here together all at the same time? The mother of the child
is more then willing to give the child up to us as she and her husband can barely support the other seven.
What kind of process might this involve? I.E.-time, cost,paperwork, etc. Any answers you can provide would be greatly appreciated. Thanks--Amy676

When trying to bring to the US a young child who is not your natural child, there are two possibilities: (a) an orphan petition or (b) adopting the child and sponsoring the child through the normal visa/immigration process.



A US citizen (USC) can file an orphan petition on behalf of a child who is under the age of 16 and who is an orphan due to the death, disappearance, abandonment, or desertion of his/her parents. If both of your niece’s parents are still living, I think it will be very difficult to have an orphan petition approved.



In order to obtain a visa for your niece through the normal visa/immigration process, you first would have to adopt her and then show that you have lived with her for two years before being able to submit any immigration paperwork for her. In order to fulfill this two-year residency requirement, if you have not lived at all in the Philippines since her birth, you effectively would have to live in the Philippines with her for two years.



Because of this two-year residency requirement, another option may be for your mother to adopt and then for your mother to sponsor her for immigration after your mother obtains her permanent residency. Your mother still would have to show that your niece has lived with her for two years, but it probably would be easier for your mother to fulfill this requirement than for you.



You are correct in stating that the law in this area is very complicated. Before making any decisions or taking any action, you should have a detailed consultation. Please contact my office directly if you would like to arrange for such a consultation. Because of the unique nature of US immigration law (it is governed by federal law, not state law), as a licensed attorney I can assist you even if you do not live in the Boston area. I assist clients around the world and throughout the US.