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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAnyone available to adopt a Dreamer? (DACA)
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Good idea. I wish I could. | |
10 (100%) |
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Hell no! | |
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Bad idea. | |
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pnwmom
(108,977 posts)and have lived with the adoptive parent for at least 2 years.
http://www.alllaw.com/articles/nolo/us-immigration/adopt-undocumented-illegal-immigrant-get-green-card.html
The law is cut and dried on this point. For immigration purposes, an adoption must be finalized before the child turns 16 years of age. And because adoption itself can be a lengthy process, youre probably better off starting when the child is age 15 or younger.
An adoption after the age of 16 may benefit the person in ways unrelated to immigration. For example, it may simplify receiving an inheritance from your estate. But it will not likely help the person get a green card.
The Two Years Legal Custody Requirement
In order for an adopted child to receive a green card, the parent must have had legal and physical custody of the child for at least two years while the child was a minor (under 18), and the child must have lived with the adopting parents for at least two years before they file the required initial visa petition with U.S. Citizenship and Immigration Services (USCIS).
You can, in fact, petition a U.S. court for legal custody of the child regardless of his or her legal status, making you the rightful parent. Realize, however, that your legal custody wont legalize the childs U.S. stay for immigration purposes. A child who is staying in the U.S. without a visa or other permission from the immigration authorities can still be arrested by the immigration authorities and removed (deported).
Lunabell
(6,080 posts)I should have known it wouldn't be easy.