How can I bring my 2 nephews here from Sudan? Can I adopt them or sponsor them? Kent, WA

Under U.S. immigration law, there are provisions to “sponsor” your wife, children, parents and siblings. However, there is no provision to sponsor a niece or nephew. One possible way to bring your nephews to the U.S. is through adoption. To bring your nephews to the U.S. you have two choices, to proceed under the 1) I-600 Orphan Petition process or 2) through the "adopted child" provision. To proceed under the I-600 Orphan Petition process many requirements will have to be met. These include amongst other things, that the Petitions are filed before the youngest nephew turns 16,* that you are able to adopt under the law of Sudan and that you are able to obtain evidence that the birth mother is unable to provide proper care for them based on the standard of living in Sudan. You and your wife will also have to be evaluated by a local social worker and the CIS to determine if you will be able to provide proper and safe care to your nephews. A fairly good description of the process can be found at the Department of State website at http://adoption.state.gov/adoption.homepage.html. * To proceed under the adopted child provision, you or your wife would have to adopt in the Sudan and be able to spend two years in the Sudan or another country after the adoption before you could bring your nephews to the U.S. Unfortunately, meeting this requirement is not logistically possible for most individuals so it is not as commonly used. As you can see, the answer to your question of whether you can adopt your nephews is complicated and will require a thorough analysis of your case and the circumstances of your nephews. I strongly recommend that you contact an attorney with expertise in international adoption before you begin the process. C.J. Lyford, Esq. *If one child is adopted, the child must be under the age of 16 when the Orphan Petition is filed. However, if siblings are adopted the age restrictions are expanded. As long as the youngest is under the age of 16 and the oldest is under the age of 18, they will satisfy the age requirements. **Note that the website divides the discussion into adoptions from Hague and nonHague countries. For your reference, the Sudan is not a Hague convention country.