[adoptaniece]

i would like to adopt my niece, my sister and her hubby have consented on the idea. she is 16 in oct. and a senior in high school in south america and everyone is in agreement that she has a better chance at higher ed. here in the states. anybody have any experience at this particular situation.

[DianeS]

Unfortunately, you will not be able to bring your niece to the USA with an adoption visa. You maybe able to adopt her, depending on the laws in the country where she lives, but you will still be faced with having to leave her there, as she is not eligable for an adoption visa.

Two of the requirements for an adoption visa to the USA are:

1 - that the child must be under age 16 at the time the visa is issued - which means you would have to find the right agency, apply, have your homestudy done, get immigration approval, get matched with your niece, go through all the adoption requiremetns of that other country, get her new passport and visa - all before her birthday in two months. I've never heard of such speed being possible.

2 - That the child be legally an orphan. To be "legally" an orphan the child must either have been abandoned by both parents (or have both parents be dead), or have been abandoned by one parent (or one parent dead) and have the the remaining single parent be unable to support the child in the manner considered "normal" by her country. Since your post mentioned both your sister and her husband, it is unlikely this is the case.

By all means consult an immigration attorney to see if you have any other options available to you to bring your niece to live with you, but adoption isn't going to be the one that works.