[kamfl610]

Hi all,

Got a question. Like families aren't complicated enough. Here goes. I have two nieces that live in Korea who needed to be adopted. My brother over there cannot take care of them for financial reasons. Anyway, I have a brother here in the U.S. who wanted to adopt them since him and his wife didn't have any kids. Anyway, they went through the adoption process over there and so legally in Korea, they are his. Now he's trying to get them over here but hasn't had too much success I guess with immigration. So now it's been almost a year and he hasn't done anything. I'm kind of frustrated. Now he's saying, he doesn't want to adopt them so I said I'll adopt them but he has legal custody of the kids in Korea. So now I don't know what to do. How do I get the kids here when my brother here has legal Korean custody of them. I thought that he could get them here since he lives in Ohio and we could make a legal agreement to have me adopt them. But now he's not sure. I'm about to go crazy. What can be done? Anyone know how to work this out? Okay to further complicate this, I was adopted by my aunt and uncle so technically my biological brothers are legally my cousins so I'd be legally adopting my cousins child, I guess. My Ohio brother was never adopted so legally he's still a brother to my other one. God...so confusing sometimes. Thanks!

[leaabc123]

it sounds like you need to consult an attorney familiar with international adoptions as well as local family law.

[sak9645]

If your nieces were living with married parents at the time your brother legally adopted them in Korea, they were not "orphans" under U.S. immigration law. U.S. law allows adoption visas to be given ONLY to adopted children who either were living with a single parent who could not take care of them at a level considered normal in the country, or were abandoned, or were orphaned, or were totally relinquished under foreign law and living in an orphanage or foster home with no ongoing contact with the birth family.

It is unfortunate that your brother did not get counsel from a reputable adoption or immigration attorney prior to his adoption of the children. If he had, he would have learned that the only way he could get a visa for your nieces, since they did not meet the "orphan definition", would be to live overseas with them for two years and then apply for a regular visa for them.

If you now wish to adopt the children, you will face the same sort of problem, only worse. First off, the girls are in legal limbo. They are, presumably, no longer on Korea's register of families, since they were adopted by an American. They are not eligible for immigration to the U.S. by your brother, because of the orphan definition. They are also not eligible for immigration to the U.S. by you, since you are not yet approved to adopt and immigrate them under U.S. law.

Your best bet is to contact a reputable adoption/immigration attorney in your state. A good place to find one is at the website of the American Academy of Adoption Attorneys. Be sure that the person you choose has substantial experience with international adoption/immigration, and not just with domestic adoption.

He/she MAY be able to find a way to bring the children to the U.S., although it's by no means clear that he/she will be successful. One possibility is through the mechanism known as "humanitarian parole".

Humanitarian parole isn't granted very often, and you'll have to prepare a case very carefully with the attorney. One thing that the attorney may recommend is enlisting your Senator or Representative's help in making the application for humanitarian parole.

I hope this helps.

Sharon