Legal Question in Immigration Law in New York

Adopting Adult-Aged People From Canada

My wife has an adult child (32 years old) from her first marriage who is my stepson.

I'm a US Citizen, born in the USA. I reside in New York and Florida. I'd like to legally adopt him so he can live and work in the USA. He is currently a Canadian citizen.

Is this allowed? If yes, how do I go about it.


Asked on 6/26/03, 4:25 am

2 Answers from Attorneys

Giuseppe (Joe) Scagliarini Law Offices of Giuseppe Scagliarini

Re: Adopting Adult-Aged People From Canada

I would be interested in knowing more about this case. Specifically, I would like to know the age of the child when the present marriage occurred and the immigration status of the mother.

Regardless of adoption, your stepchild could be considered a "child" of a U.S. citizen for immigration purposes provided the child was under the age of 18 when the marriage occurred. As far as I know, adoption of an adult is irrelevant.

This would be the preferred route to immigrate as the child would qualify as immediate relative. The other option I urge you to consider is to have the mother file a petition as soon as possible, if she holds permanent resident or other legal status.

The wait time would be much longer, but the petition could be converted in the future if the mother becomes a citizen, so it may be worth to file now to save time later.

All this immigration options should be carefully weighted and if possible discussed with competent counsel. Do not rely on this advice alone in making yuour decisions.

Should you be interested in retaining our firm, I am usually able to work for a discounted, fixed fee on family-based petition.

Also, pls visit our website at

http://scagliarinilaw.com

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Answered on 6/26/03, 9:49 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Adopting Adult-Aged People From Canada

This can be accomplished. it is largely a question of crossing every 't' and dotting every 'i'. There are a series of documents that must be filed, I-160, 215, 693 are most of them (off the top of my head). Any competant Immigration Lawyer can perform this case . You are welcome to a consultation with me for no fee at my offices at 42 west 44th Street, NY,NY. Please call for an appointment first. 646-591-5786

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Answered on 6/26/03, 2:15 pm


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