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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4091
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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My friend may be forced to leave to Mexico because her

Customer Question

Hi my friend may be forced to leave to Mexico because her father cannot obtain a visa to stay. My family wants to take her in so that she can stay. What is the legal procedure to go about doing that?
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 10 months ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

How old is your friend? What is her status in the US?

Customer: replied 10 months ago.
Hi, my friend just turned 17. She is about to finish her sophomore year of high school. What are her options in terms of status? I believe she is here with her father who was here initially off an education visa but now is unable to get a worker's visa because he could not find a corporate sponsor and their time in the US is running up
Customer: replied 10 months ago.
My initial belief was that she would need to get emancipated, but then as I realized she was born in Mexico that she would be illegal too. Would my family have to adopt her? How would something like that go
Expert:  Jen Marie, Esq. replied 10 months ago.

There are a lot of details here that we do not know so I will answer the best I can without this.

First, we do not know if she has legal status in the US. If she does not have legal status then first and foremost, she should apply for DACA if she qualifies and this will depend on when she entered the US and how long she has been here. Have her look into the rules for DACA here https://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca

Second, although your family can adopt her if you wish, unfortunately that will not grant her US legal status in the US. She would have had to be adopted before turning 16 years old for that. If you want to adopt her just for her to be able to legally live with you, that is not necessary. Speak to a family attorney. Your family will need to petition for temporary guardianship in the state you live if her father is willing to give it.

Good luck to you during this process and I hope this answer has helped you!

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