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


Asked on 3/31/12, 1:39 pm

2 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

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.

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Answered on 3/31/12, 1:53 pm
Rebecca White Law Office of Rebecca White

More information is needed. If you'd like to set a quick consultation please let me know.

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Answered on 3/25/13, 4:02 pm


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