One more question - Adoption

[marta4085]

Some of you had very useful answers regarding my sister's matter, which I posted about yesterday. There is an additional matter to my sister's situation. She has an 8-year old son staying in the US with her on the expired B-2 visa. My sister's husband has passed away, and my sister is struggling greatly to raise her son, with whom I am very close.

I would like to adopt my sister's son, as my sister is basically unable to provide for him anymore. If I filed the international adoption petition on his behalf, would he have to return to his home country as well while it's pending, or could he remain in the United States? I know about the home study and other requirements, I just don't know if he can do it all from here or what.

Thanks again for any help.

[Triple Citizen]

You need to get hold of an adoption agency that specialises in international adoption. Firstly your nephew needs to meet a criteria that will make him eligible for adoption. I don't think losing one parent is enough. Sorry if this sounds curt. Secondly, you (and your spouse) need to be eligible to adopt. Good luck!!!