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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10895
Experience:  Write FOR JAMES to get my help!
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Child entered the country in 2012 with a B1/B2 visa with mother

Customer Question

Child entered the country in 2012 with a B1/B2 visa with mother from Panama. In2013 Mother abandons the child in the U.S. and goes back to Panama to start her new life with new family (new boyfriend/husband). Mother abused the child.Father is missing form the picture.
Child has been in the US under the care of the uncle who is a US CItizen.
No guardianship right now.
May the child gain us citizenship via uncle if he is adopted? Even..when he was in the US and is an overstay?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces. Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert. ANSWER: Yes. If you are able to legally adopt the child before the child turns 16, and the child lives in your physical and legal custody for at least 2 years, you can file an immigrant petition on behalf of the child. Since the child came to the US legally and only overstayed, the child can file the I-485 application with your I-130 petition. This process will get the child a green card to live in the US permanently. If the child gets the green card before the age of 18, the child will also become a US citizen immediately, based on deriving US citizenship through you. Note that once the adoption is complete ann the immigration process is complete, the child terminates any relationship with the parent. That means the child cannot, in turn, petition for her birth parents to get green cards. I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer. I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you. REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger. Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you. A BONUS is appreciated, if you feel I've earned it. If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category. Thank you!
Customer: replied 1 year ago.
Hello James,What are the cons and pros between doing it through the uncle (US CITIZEN) or filing for Special Immigrant Juvenile Status?
Which is faster? easier? more reliable?
Expert:  Expert James replied 1 year ago.
Hi there. That is a completely new question. Usually that requires a new thread, but as a courtesy and to show good faith, I'll answer it here. Please do not leave this site until you have given me a positive rating. Otherwise, I get no credit for doing my job. I'm sure you would agree that is not ideal for you. I am no different. Also consider a BONUS for my extra efforts to assist you. Thank you! They result in the same thing. The difference is, through SIJS, it takes longer to become a US citizen. And it requires more proof in terms of abandonment, abuse, neglect, etc. I'd say adoption is more reliable, but it really depends on the case specifics. Each case is determined on a case by case basis. It is also probably faster, since both require going through the legal system before the child is eligible for either the I-130 petition (through the uncle) or the I-360 petition (SIJS). And it is probably easier, since they already know one another and the uncle is a relative. I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer. I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you. REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger. Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you. A BONUS is appreciated, if you feel I've earned it. If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category. Thank you!
Expert:  Expert James replied 1 year ago.
Hi again,
I received a message that you reviewed my response and have responded. But I cannot see that response above.
Please post it again, so I can continue to help you and we can close this question.
Thank you!

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