West Orange, NJ asked in Adoption and Immigration Law for New Jersey

Q: Would adopting a minor that overstays their visa’s 6th month limit in the US give them permanent status?

If they are not eligible to be adopted are they now considered illegal aliens and what would be their next move?

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1 Lawyer Answer
Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: In order to file an immigrant via petition for an adopted child the adoption would have to take place before the child turned 16.

If adoption is not an option, then the child would need to leave the US. If there is a reason why the child does or should not want to leave the US, you might want to consider consulting with an immigration attorney.

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