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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106226
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I adopted my two brothers in san diego. They entered teh country

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I adopted my two brothers in san diego. They entered teh country illegally last year when my parents were killed. I now want to apply for immigration benefits for them but I was told htat the adoption was not properly done since I was supposed to adopt them in Mexico. How Can I apply for immigration benefits? I am a perm resident and my wife is a Us Citizen.

Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.

How old are they? And did your spouse also adopt them or only you?

Customer: replied 3 years ago.

Both my spouse and I adopted them. They are 15 and 10.

Where did you legally adopt them? Inside of the U.S.? And who told you that you had to have adopted them in Mexico?
Customer: replied 3 years ago.

San Diego county. I was reading immigration blogs that say I shouldadopt in Mexico.

The problem is not so much that the adoption happened in the U.S. and not in Mexico. I don't think you have a problem there. The problem that you do have is that the adoption does not erase the ilegal entry. So they would have to leave the U.S. before turning 18 and a half to be able to come back legally. As long as they do it before turning 18 and a half, they have no penalty to coming back. So you would file an I-130 for each of them and do consular processing. Then when the time comes, they would leave the U.S. and process at the U.S. Embassy or Consulate outside of the U.S. in order to come back as Lawful Permanent Residents. You should probably become a U.S. Citizen first. As long as they leave before turning 18 and a half, you have time. If you apply for them as a Lawful Permanent Resident, that process takes 2 to 3 years, but I would not send them outside of the U.S. until the case is ready at the U.S. Embassy or Consulate for interview. Or your spouse could apply for them as a step-parent. But they will have to leave the U.S. to process outside. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Customer: replied 3 years ago.

Hello.


 


I think it did. I was still trying to understand the Special Juvenile Visa...but from what you are telling me..it seems that I do not ahve to go that route.

That would not work because they would have to be determined to be wards of the state. Since you already adopted them, the process is as I outlined before. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
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