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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4866
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I want to bring my 5 year old nephew to USA from India to

Customer Question

Hi I want to bring my 5 year old nephew to USA from India to stay here permanently....i am on h1b visa now.....any possible way to bring him here?
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: I am on H1b visa ...I got my I -140 pending petitions....
JA: Have you talked to a lawyer yet?
Customer: No ...
JA: Anything else you want the lawyer to know before I connect you?
Customer: No...
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 11 months ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

Unfortunately you cannot bring him as a dependent on your H1B visa because he is not your child. If you legally adopted him then you could do that.

The only option would be to have him apply for a student visa if he can get approved by a school that provides I-20's which is requires for the student visa. For that grade, it would have to likely be a private school. You can find schools here

Good luck to you during this process and I hope this answer has helped you!

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Customer: replied 11 months ago.
As you mentioned about adopting my nephew....what is the I have to adopt him in India or in USA?
Expert:  Jen Marie, Esq. replied 11 months ago.

That's a process you would have to do in India since he is not in the US. You would need to speak to an adoption expert about the process. My expertise is immigration law.

Hope that helps. Best of luck!

Customer: replied 11 months ago.
Hi are you sure I can adopt my nephew on H1b visa??
Expert:  Jen Marie, Esq. replied 11 months ago.

Yes, you can adopt your nephew while being on H1B visa.

I hope this clarifies your doubts and hope to have earned your positive rating.