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Results 1 to 8 of 8

Thread: real problem, need advise-adoption

  1. #1
    background-family of 4. in u.s. 13 yrs. 10 yr old boy born here a citizen. mother came here inspected but overstayed visa. father came uninspected. 16 yr old son 3 when crossed border inspected. overstayed visa.all in family good people, no felonys or trouble.
    the question pertaines to 16 yr old.good student. honor student. wants to go to medical school. all friends now getting drivers licence. he cannot. all friends working in summer. he cannot.family lives next door to mother's brother. brother is citizen by marriage, but now divorced. a citizen for over 5 yrs, good job, no felonys.
    can brother adopt the 16 yr old? what are the negatives? what steps should be taken? THANKS!

  2. #2
    background-family of 4. in u.s. 13 yrs. 10 yr old boy born here a citizen. mother came here inspected but overstayed visa. father came uninspected. 16 yr old son 3 when crossed border inspected. overstayed visa.all in family good people, no felonys or trouble.
    the question pertaines to 16 yr old.good student. honor student. wants to go to medical school. all friends now getting drivers licence. he cannot. all friends working in summer. he cannot.family lives next door to mother's brother. brother is citizen by marriage, but now divorced. a citizen for over 5 yrs, good job, no felonys.
    can brother adopt the 16 yr old? what are the negatives? what steps should be taken? THANKS!

  3. #3
    DOESN'T SOMEONE HAVE A HELPFUL COMMENT ON THIS SUBJECT?

  4. #4
    Hey Chuck,

    This is taken from www.uscis.gov website... I thought it might be useful to get your answers.... Read the following.... The only thing I don't know here is what is " parole" status.... So someone else might enlighten this for you...otherwise there is a way....

    Well I am not sure about it but I will just give my opinion ...so u might want to double check it... if that child entered USA illegally then probably I don't think he will qualify for this benefit... but post it on www.britishexpats.com with this info given below and there are lawyers that might help you understand whole process... or make a thread to sammy / mohan / bronzelady / old man... they might answer...good luck... Pasha


    For such a child to gain immigration benefits, an orphan petition must be filed before his or her 16th birthday

    A. What if the Child is Already in the United States?
    An orphan petition may not be filed in behalf of a child who is in the United States unless that child is in "parole" status and has not been adopted. If an orphan petition is approved for a child in the United States, the child can become a lawful permanent resident through a procedure called adjustment of status. In some ways, adjustment of status is similar to applying for an immigrant visa in a foreign country.
    For information on how a child can become a permanent resident if the child is not eligible to benefit from an orphan petition, see Section VI.
    http://uscis.gov/graphics/services/eligib.htm

  5. #5
    thank you so much Pasha Patel! i will pursue your suggestions. chuck

  6. #6
    A kid qualifies as a "child" if adopted while under age16 and who resides with the USC parent for two years.

    The law allows a kid to be considered a "child" if adopted while under age 18 if adopted along with a sibling under age 16. The two years of residence still applies.

    That means that you can not file for AOS until two years after the adoption is complete. Depending on your state, adoption can take months or years to complete. If the child turns 18 before the adoption is complete, no immigration benefits. Adoption permanently bars the kid's biological parents from ever gain immigration benefits through him.

    Unlawful presence begins on the child's18th birthday. If you don't have proof that the child entered the US legally, you have to apply for an immigrant visa overseas. Be aware of the 3/10 year bar.

  7. #7
    adoption is out of question for many reason and useless to define here.
    Based on info you provided there are only one way at present.
    This way also comes with string attached.
    16 years entered when he was 3, NO OSC (I221) or NTA was issued till. he can ask for suspension of deportation under Pre IIRIRA act of 1996 but, to ask that relief he has to put himself into deportation proceedings.
    Next part read this carefully; if it can be proven that you entered at the age of 3 you will be eligible for suspension of deportation based on 7+ years of physical presence, good moral, and extreme hardship to your self. Make sure suspension should be clearly define before the act of 1996, Father is also eligible for the same and he can show hardship to himself as well as USC kid.
    Its a discussion, not a legal advise..

  8. #8
    i appreciate so much your kind advise and suggestions-PASHA PATEL, OLD MAN, AND MOHAN.
    it was so refreshing not to have insulting and hurtfull responses.you 3 make this a quality discussion forum.
    THANKS SO MUCH!

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