What type of visa should we apply for to get our orphaned niece to the US from Kenya?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What type of visa should we apply for to get our orphaned niece to the US from Kenya?
Both parents have passed away and she is currently in the care of family. However, we would like to bring her to the US under our care. Can we bring her here on a visa and later adopt? With guardianship granted to us from a Kenyan court, would we indeed have to adopt? I guess once we get all that sorted out, we can figure out what visa we should apply for; is there a way to expedite the visa, as she is in the care of her grandmother?
Asked on June 21, 2012 under Immigration Law, Arizona
Answers:
Anne Brady / Law Office of Anne Brady
Answered 12 years ago | Contributor
Adoptive and prospective adoptive parents of an overseas orphan relative must first obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) (PDF 114 KB) from the Department of Homeland Security Citizenship & Immigration Services (USCIS) before they can apply for an immigrant visa on behalf of an orphan.
The child must qualify under section 101(b)(1)(F) of the U.S. Immigration and Nationality Act pertaining to orphans in order to apply for an immigrant visa, which it sounds like your niece does. I would contact USCIS.
See this Web site: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=474fb881905b3210VgnVCM100000b92ca60aRCRD&vgnextchannel=474fb881905b3210VgnVCM100000b92ca60aRCRD
After the Orphan Petition is Approved, then you can apply to a U.S. embassy or consulate for a visa for the child.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.