Adoption of Niece in India by Green Card Holder?

[Manish Mittal]

I am resident of US (in Austin, Texas) for past 2 years and permanent resident for past 1 years and I am living with my spouse and daughter.

Last month, I lost my sister in India due to an accident. She has two daughters aged 15 years and 8 years approximately. My brother-in-law is finding difficult to raise daughters and we apprehend that he may remarry in future. To provide good education and future to her daughters, I wish to adopt them. But while searching for the information on this, I think that it is quite peculiar and difficult to adopt them while being permanent resident.

Can I adopt them now and can they live with my parents after that till the time I apply and get citizenship of USA?

Can you please advice me on this as how should I proceed with this matter? Thanks in advance.

[VNK]

I am resident of US (in Austin, Texas) for past 2 years and permanent resident for past 1 years and I am living with my spouse and daughter.

Last month, I lost my sister in India due to an accident. She has two daughters aged 15 years and 8 years approximately. My brother-in-law is finding difficult to raise daughters and we apprehend that he may remarry in future. To provide good education and future to her daughters, I wish to adopt them. But while searching for the information on this, I think that it is quite peculiar and difficult to adopt them while being permanent resident.

Can I adopt them now and can they live with my parents after that till the time I apply and get citizenship of USA?

Can you please advice me on this as how should I proceed with this matter? Thanks in advance.

Adoption and immigration are different issues. You could adopt them, but they may not be eligible for immigration visas.

For immigration visas, you would need proof that your BIL can not take care of them in accordance with local standards. Having a hard time is not enough. It has to be like he is disabled and can't work.

You would also need to conform with the Hague Convention on adoption to get them visas.

The US is very leary of adoptions for an immigration benefits and has very strict rules.

Go talk to an immigration lawyer versed in adoptions.