What type of visa should we apply for to get our orphaned niece to the US from Kenya?

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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 9 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.


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