Legal Question in Immigration Law in California
my wife and i care for our nephew and would like to know if we can process her legal residence, she was born in mexico and is about to finish school in the US
2 Answers from Attorneys
Unfortunately, a person can only be petitioned by a spouse, parent, child over 21, or adult sibling. I would never advocate for a bogus adoption, either. If he is interested in going to college, I suggest he return home and apply for an F-1 visa at the U.S. Consulate in Mexico. Once he has his bachelor's degree, he might be able to be petitioned for an H-1B visa, and later, a "greencard" through employment.
If he marries a U.S. citizen he will not be eligible to adjust status in the United States if he entered the U.S. illegally. (However, a waiver of inadmissibility might be available in that instance).
If you have any further questions, please let me know.
More information is needed. If you'd like to set a quick consultation please let me know.
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