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Adoptation, I130, I765, I485

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  • Adoptation, I130, I765, I485

    Hello.

    Here in California, I adopted son who entered in US at his age of 15. Due to lack of interest of my lawyer, he forgot to file form whatever it related for getting green card or citizenship. So I had to petition for my son (I am US Citizen), filed I130, and received I797 as notice date October 20, 2006. My son has been F1 student status and finally graduated from university last year.

    It has been really hard for my son to do anything (employment) because of his F1 status, I want to find the way to get working permit (EAD not OPT) at least because he is so frustrated and exhausted of finding rare opportunity. Would I be able to file I485 or I765 at this point? Or is there any way that my son can obtain working permit? How long would he have to wait for permanent residence?

    My lawyer would never want to assist for the case at all since HE IS TOO BUSY.

    Thank you very much and I will wait for great answer to be helpful for my son.

  • #2
    Hello.

    Here in California, I adopted son who entered in US at his age of 15. Due to lack of interest of my lawyer, he forgot to file form whatever it related for getting green card or citizenship. So I had to petition for my son (I am US Citizen), filed I130, and received I797 as notice date October 20, 2006. My son has been F1 student status and finally graduated from university last year.

    It has been really hard for my son to do anything (employment) because of his F1 status, I want to find the way to get working permit (EAD not OPT) at least because he is so frustrated and exhausted of finding rare opportunity. Would I be able to file I485 or I765 at this point? Or is there any way that my son can obtain working permit? How long would he have to wait for permanent residence?

    My lawyer would never want to assist for the case at all since HE IS TOO BUSY.

    Thank you very much and I will wait for great answer to be helpful for my son.

    Comment


    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">My lawyer would never want to assist for the case at all since HE IS TOO BUSY. </div></BLOCKQUOTE>

      Welcome to the site and I will suggest that you find a different lawyer. Good luck!

      Comment


      • #4
        Since he is F1 student, why did you apply for practical training when he graduated? That might be the way to go for now while you figure the rest out. Practical training is good for a year.

        How old is your son now?

        Comment


        • #5
          He is 26 right now.

          Comment


          • #6
            My first thought would be to get a new lawyer.

            How old was your son when you adopted him?
            **************************************
            The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

            Comment


            • #7
              Age of 15

              Comment


              • #8
                Timing, timing, timing is of the essence when it comes to immigration. It took your adopted son roughly 10 years to finish up his university education. If he studied up to a master's degree, well and good because he "might" still be in status, which I doubt. Or did he? If so, he can seek another nonimmigrant visa like H-1B.

                Second thing, your lawyer was right in not filing immediately for his adjustment of status because your adopted child should have been under your custody and lived (legally as a nonimmigrant on US soil in this particular case) with you for two years (after the adoption) before he would be considered your dependent for immigration purposes. Your lawyer should have done this when he was around 17, and not when he was around 22 in 2006!

                Otherwise, he is now out of status and can't adjust to an LPR notwithstanding an I-130 that you filed on his behalf.

                No immigration attorney can change this fact now.

                Comment



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