question not sure where to post

[Roxy]

i was wondering if someone makes it to laurels chat next week can someone please ask a question for me. my brother in law is going to be 17 in nov. he has an unlce who is a usc can he adopt him and file a petition for him since i cant before he turns 18 and his days of illegal presence start counting?? please i would sure appreciate. I work m-f 8-5 and cant make it

thanks
roxy

[Rosa]

That's a great question that I'd also like to know the answer to. I also have a 16 yr old nephew whose usc uncle wants to adopt him but we're not sure if this is a possibility or if it will look "fishy" to uscis. Has anybody ever heard of this being done? :dunno:

[Laura]

Rosa, if you are not there next Wednesday I'll ask. Remember, no chat on the 24th, so I'll have to wait until the 31st to ask.

[Ana Maria Schwartz]

I think I can help a little bit on the adoption question. Generally the USCIS doesn't like adoptions of people over the age of 16 unless they are the biological siblings of people already in the family and even then they have to be under the age of 18.

Here's the USCIS link on some information on this: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=063807b03d92b010VgnVCM10000045f3d6a1RCR D&vgnextchannel=063807b03d92b010VgnVCM10000045f3d6a1 RCRD

-Annie

[branquinha]

I'm not sure how it was done...but I have a friend who adopted his biological niece. He was a USC when he adopted her...she kept waiting for the paperwork in her country, and then 2 years ago they moved back to the US and she came in with her permanent visa (her green card).
Oh! and she was definitely over 16...

[Ana Maria Schwartz]

I'm not sure how it was done...but I have a friend who adopted his biological niece. He was a USC when he adopted her...she kept waiting for the paperwork in her country, and then 2 years ago they moved back to the US and she came in with her permanent visa (her green card).
Oh! and she was definitely over 16...

It looks like it can be done when the child is over age 16 but it looks that requires that the person actually adopt the child before they turned 16 but file the paperwork two years later. Below is what it says in the link with regards to that

"If you adopt a child before the child turns 16 (or 18, as described below), and you live with the child for two years as the child’s primary caregiver, then you may file an I-130 petition for an alien relative. The petition may be filed after the 16th (or 18th if a sibling) birthday, and the two years may culminate after the 16th (or 18th) birthday. (Please note that, generally, all qualifying criteria must be established BEFORE the child may enter the U.S.)"

[Laura]

(Please note that, generally, all qualifying criteria must be established BEFORE the child may enter the U.S.)"

This is key as well. I believe that some people are looking for ways to keep an undocumented minor immigrant from accumulating unlawful presence. Theoretically, if they are adopted before they turn 18, they will be able to qualify for USC-ship under their USC adoptive parent, but this little addendum seems to be preventing that scenario, if the minor cannot already be living in the U.S.

[Rosa]

Yeah, that's what it sounds like. I thought it sounded too easy. I mean how many people wouldn't just go through the paperwork to adopt a minor just so they could become legal? My brother in law keeps asking me about this because one of my nephews is about to turn 16 in a couple of months. It's sad because he's been here since he's 2 and now he's starting to realize that he's not going to be able to do any of the same things his friends can...like drive, get financial aid for college, or get a good job, or go visit his grandparents in Mexico.