Adopting nephew who is non-resident alien

What is the name of your state? FL

Hi,

I want to adopt my nephew who is a non-resident alien. He, his father and mother arrived in America without an invitation. Both the father and mother are will let me and my wife adopt their son. Does anyone know is this possible? What process to I have to follow. Should I get an attorney?

The purpose of the adoption is to provide the child a safe envirnoment where he can grow up without having to worry about police or INS.

Thanks
v

[nextwife]

What is the name of your state? What is the name of your state? You will need to clear up the child's legal immigration status prior to being able to adopt. The child is a foreign national, and likely subject to the rules of the Hague convention.
[url]http://travel.state.gov/hagueinfo2002.html[/url]

And there is the matter of meeting "orphan status" for the purposes of DHS orphan petition visa issuance:

[url]http://uscis.gov/graphics/services/orphan_pilot.htm[/url]
"U.S. immigration law allows a child to immigrate to the United States only when that child meets the legal definition of "orphan". Under this law, an orphan is defined as a foreign child who does not have any parents because of the death or disappearance of, abandonment or desertion by, separation from or loss of, both parents. An orphan can also be a foreign-born child with a sole or surviving parent who is unable to provide for the child's basic needs, and who has, in writing, irrevocably released the child for emigration and adoption."

There is a lot of information on DHS website regarding "Inter Country Adoption".

[url]http://uscis.gov/graphics/services/index2.htm[/url]

You will need an attorney familiar with both immigration and adoption law. But you can't use the adoption as an "end run" around immigration laws, he will still need a visa issued.