Immigration Law

Immigration Law Questions? Ask an Immigration Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Immigration Law

Child entered the country in 2012 with a B1/B2 visa with mother

Customer Question
from Panama. In2013 Mother abandons...
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: 2 years ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 17 minutes by:
7/14/2015
Immigration Lawyer: Expert James, Lawyer replied 2 years ago
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,645
Experience: Write FOR JAMES to get my help!
Verified
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!
Ask Your Own Immigration Law Question
Customer reply replied 2 years 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?
Immigration Lawyer: Expert James, Lawyer replied 2 years 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!
Ask Your Own Immigration Law Question
Immigration Lawyer: Expert James, Lawyer replied 2 years 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!
Ask Your Own Immigration Law Question
Ask Expert James Your Own Question
Expert James
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,645
12,645 Satisfied Customers
Experience: Write FOR JAMES to get my help!

Expert James is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,990 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

48,466 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
I'm a beneficial I want to withdraw I 485 application Me and
Hi I'm a beneficial I want to withdraw I 485 application Me and my husband decided to divorce … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I have an i-485 with i-130. but i had to file restrainjng
Hi! I have an i-485 with i-130. but i had to file restrainjng order against my husband. I also filed for vawa. i just got a notice to appear for an interview for my i-485. do i still have to go even i… read more
Bill Attorney
Bill Attorney
law
1,607 satisfied customers
If 485 is approved while the beneficiary is traveling abroad
If 485 is approved while the beneficiary is traveling abroad on AP, can the beneficiary enter the US as a PR?… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I have a friend that overstayed and the overstay van from
I have a friend that overstayed and the overstay van from the US will end in November 2018 we are marrying in a few days and wondering can he now come to the US as my husband? We are gay men marrying … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
Immigration. Permanent resident's spouse. I-485 already
Immigration. Permanent resident's spouse. I-485 already filed with USCIS based priority dates. Husband is from a ESTA EU country, arrived with visa waiver, after examination but then overstayed. He wa… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
Case # src1490020920 i have not get my wife green card as
case # ***** i have not get my wife green card as yet gut need to if some wrong … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
My son need an application for green card. Not yet. My son
Good morning, JA: Hi. How can I help? Customer: My son need an application for green card. JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet? Customer: ye… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
What is meant by class of admittance on form i-485
what is meant by class of admittance on form i-485 … read more
Edward Young
Edward Young
Juris Doctor
162 satisfied customers
Wilton I have a question about H1B and green card. My
Second opinion] Hi,WiltonI have a question about H1B and green card. My situation is like this:My OPT supposed to end on 06/09 this year, but my company filed H1B and my case got selected in lottery. … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
My wife and I went to our interview for a green card. We
For Guillermo: My wife and I went to our interview for a green card. We were told that because we used my wife's maiden name (the one on her passport) on our I-485 application, they would have to do a… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I have a question about H1B and green card. My situation is
Hi,I have a question about H1B and green card. My situation is like this:My OPT supposed to end on 06/09 this year, but my company filed H1B and my case got selected in lottery. So OPT was extended to… read more
Expert James
Expert James
Lawyer
12,645 satisfied customers
Do I need to renew my Green Card if it was issued between
Do I need to renew my Green Card if it was issued between 1979 and 1988 but does not have an expiration date? … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I have a question about citizenship, immigration. It is
no, I have a general question about name changes and citizenship. … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I have an immigration question. my nephew is applying I-485
hi, I have an immigration question. my nephew is applying I-485 for his mom and she is living in the U.S legally with her visitor visa. but my nephew just finish college and just got a job on june 201… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
I have a few specific questions about the I-485 form
For Guillermo,Hello sir. I have a few specific questions about the I-485 form questions. This is for a mother of a U.S. citizen applying for her green card:1. On pg. 3/18 for question 24 it asks "what… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I am a new green card immigrant. I worked 3 days for a
I am a new green card immigrant. I worked 3 days for a painting job but had to quit because of the commute and unpredictable schedules. They owe me $309 but will not pay me. I have been there 6 times … read more
Expert James
Expert James
Lawyer
12,645 satisfied customers
If im a derivative asylee and applied for green card but the
If im a derivative asylee and applied for green card but the princpal asyle havent applied for green card yet wil i get my green card … read more
Leena Kamat
Leena Kamat
Juris Doctor
96 satisfied customers
I have a question in immigration. I have EAD and my I-485 is
Not yet Are we allowed to work on multiple jobs on GC EAD Is it legal to work? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x