Legal Question in Immigration Law in New York

A 15 year old entered the US on a visa waiver. He is currently attending high school. His parents in his home country have signed away rights to him and consented in writing to their son's adoption by his us citizen aunt and uncle.

His 90 days expires in a few weeks.

1. Since he entered on a visa waiver, if the adoption goes through, can his adoptive parents file anything for him so he can adjust status or gain citizenship?

2. What if he overstays? Should he leave and return?


Asked on 10/13/09, 5:25 pm

1 Answer from Attorneys
Antoinette Wooten The Wooten Legal Consulting, PC

I would need more information regarding your particular case before I could comment on it properly.

However, what I can say is that his parents will have to explain the reasons why they agreed to his adoption when his application for adjustment is considered. When will the adoption be completed?

Once that is completed the adoptive parents can then file for him. If he is being adopted why would he leave and then come back?

Patricia Martin-Gibbons

Sent from my Verizon Wireless Blackberry

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Answered on 10/19/09, 2:34 pm


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