Legal Question in Immigration Law in California

I just found out my 3 year old is deaf. Could I fix my papers because of her condition?? I also adopted my niece when she was 19. She was a ward of the court, but living with me since she was 14. I couldnt adopt her sooner since court would not allow it.. Could she file for me??


Asked on 5/25/12, 1:25 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Unfortunately, a parent cannot get U.S. Permanent Resident Status solely based on the medical condition of U.S. Citizen child. However, if you were in Removal, it would be a considered factor.

As for your niece, she needed to have been adopted before the age of 16 in order to be considered a "child" under the immigration laws.

You should consider speaking with an immigration attorney to find out if you have any other options, as well.

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Answered on 5/25/12, 2:28 pm


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