I-130 for Mother Who Cares for her Grandson

[tereava]

Hi, My husband and I are both US citizens, and we just sent in an I-130 for my husband's Mother who lives in Mexico. She wants to come live with us in the US, but our only concern is that she's the main caregiver for her 2 year old grandson, my husband's sister's son. My husband's sister is 19 years old, and her priorities in life right now do not include caring for her son. My Mother-in-law knows that when she gets a green card she won't be able to bring her grandson, and she's hoping that at that time her daughter will be able to take responsibility for him. But we love our nephew, and don't want to leave him in a bad situation if his mom doesn't get it together. From what I've read, it doesn't seem like there are any options for us to apply for our nephew to come to the US, but I wanted to check just in case. Thanks in advance for any help!

[Amember]

I-130 for Mother Who Cares for her Grandson

Your husband cannot apply for him as nephew, but if he means that much to you all, you can adopt the child or the grandmother can adopt the child.

[tereava]

Yeah, we've thought about that. Is there another process for an adopted child to get a green card besides the I-130? The instructions for the I-130 for Adoptions state that "you must also submit copies of evidence that each child was in the legal custody of and resided with the parents who adopted him or her for at least two years before or after adoption." If we or my mother-in-law adopted him, would he not be able to come to the US for two years?

Thanks!

[newacct]

Yeah, we've thought about that. Is there another process for an adopted child to get a green card besides the I-130? The instructions for the I-130 for Adoptions state that "you must also submit copies of evidence that each child was in the legal custody of and resided with the parents who adopted him or her for at least two years before or after adoption." If we or my mother-in-law adopted him, would he not be able to come to the US for two years?

Thanks!

Unless adopted as an "orphan", an adopted child must be in the custody of the adoptive parents for 2 years before the relationship counts for immigration purposes. So yes, the child will not be able to immigrate for 2 years.