Legal Question in Immigration Law in Florida
hi, i have a 28 y.o. friend, he has expired F1 visa, now he is in us now, he lives with one old couple, he takes care of him, they want to adopt him legally, so is it possible for him to be adopted by this couple, and apply for a Permanent Residency?
2 Answers from Attorneys
Even if he is adopted by a USA couple, it will not give him any right to apply to US permanent residency or citizenship.
He has to look into other options to turn his illegal or out-of-status situation into a lawful status.
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While the options, as noted above, may be limited because your friend was not adopted prior to the age of 16 years old, other questions remain. Most importantly, if an Immigration Judge or the Immigration Service has not found your friend to be "out of status" then he or she may be able to avoid having accrued unlawful presence.
Unlawful presence in the U.S. can bar a person from seeking a green card. But because your friend's status -- as an F-1 student -- was most likely issued for Duration of Status (or "D/S") then departing the U.S. and coming back under a different employment visa category may be possible. To be able to advise you further, I would need to see the person's passport, visa stamp, I-20 School Records, and most recent I-94 Departure Record (in the passport).
With your friend's help from the couple, perhaps they would be willing to help him or her find a job which could eventually qualify him/her for permanent residency.
For further information or an appointment in our office in Miami (or via phone), please contact me for more information.
Sincerely,
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