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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105635
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Can a senior U.S. citizen adopt a 27 year old man who is in

Customer Question

Can a senior U.S. citizen adopt a 27 year old man who is in the u.s. illegally and get him residency under those circumstances? Further complicated by the fact that he was previously caught trying to cross the border in Texas, deported and snuck back in. Let's not get into the reasons for this adoption, just can it be done? thanks.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello and welcome back. Please remember to use FOR GUILLERMO in the subject line and message box so that no one else grabs the question and I can become your personal immigration consultant.

Unfortunately, no. The adoption had to have been completed before the "child" turned 16. The only exception is if a sibling adopted, then the adoption would have to be completed before the "child" turned 18. At 27, the child is too old. I am truly sorry. I wish I had better news for you.

Let me know if you need anything else, but please do not forget to rate me positively. Thank you!

Customer: replied 1 year ago.

Second question, please. If he had a woman willing to marry him, for love of course, would he have to return to Brazil, considering his particular situation? I will show my appreciation for your help now and in the past.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
It would be difficult and risky. The way would be through an I-601A waiver.

It isn't a new law. It is a new procedure. What has changed is that before, a person had to leave the U.S. and spend around 15 months or so while waiting for their appointment at the U.S. Embassy or Consulate in their home country and then HOPE that they got approved, but the change is that now the same person can apply inside the U.S., get a pre-approval, and then with that pre-approval they can leave the U.S. for just a few days or even a day, present themselves for a scheduled appointment at the U.S. Embassy or Consulate, and then get the final approval and come back as long as there are no other reasons of inadmissibility, just having entered the U.S. illegally or having overstayed. Here is an official link:

http://www.uscis.gov/family/family-us-citizens/provisional-waiver/provisional-unlawful-presence-waivers

The problem with his situation is that they caught him oncem deported him, and he snuck back in. The people that mostly get the waiver approved are those that only had one illegal entry and that's it. With two illegal entries, it is risky. He can try to at least get the pre-approval, but after that, he has to think hard if he wants to risk being denied final approval at the U.S. Embassy or Consulate.

I am truly sorry for the bad news, but the options are very limited at the moment. Regardless, at least you know the truth and that will keep you out of the hands of unscrupulous attorneys that are looking to take advantage of a desperate situation to charge thousands of dollars for something that has very little chance of producing a positive result. Let me know if you need anything else, but please do not forget to rate me positively. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello IRA. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!