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Adopting an Illegal AlienGuardianship or adoption is only possible for a child who is under the age of 16-years when the action if filed. Before adoption is possible the child must have resides with the prospective parents for at least two years by order of the court or the permission of a jurisdictional government agency.

The best option is to consult with an attorney who is qualified in Immigration law as to the possibility of adoption and/or the procedures required as they relate to the individual's circumstances.

Here is more input:

  • Yes and no. I believe that you would have to deal with the bureaucracy of both countries (the U.S. and the child's home country) first. The USCIS may grant temporary anti-deportation protection for the child but do not count on it.
  • It could be done under certain circumstances, but it would be a two-country "beaurocracy hell" in the beginning.
  • It depends what country you want to adopt the child from and to be honest, it's all about money. If you have enough money to sway certain people in certain countries you can adopt as many children as you want. Moscow and Asian countries are difficult to adopt from, but money talks. There is a lot of red tape involved and also a lot of time involved. I suggest you speak to a lawyer and prepare yourself before you start any adoption process.
  • Yes, if the child is residing in the U.S. he or she must be under the age of 16 and have no surviving parent or a single parent who has voluntarily relinquished parental rights. INA Section 101 (b)(1)(F), USC Section 1101(b)(1)(F).

answer

No, in order to adopt a kid here and give him a legal immigration status he needs to came here legally (with a green card) and then here in USA the parents needs to adjust his status to son of US citizen and then the kid will be citizen.

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13y ago
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14y ago
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No

Not so fast !!! The correct answer to this question is: Adoption laws are unique to each of the "sovereign" states of the United States. You must research your state laws thoroughly on this question and you should consult with not 1 but at least 2 attorney's who are expert in the area of Family Law. I live in NYS and was given the same blunt "no" on this question 5 years ago. Be advised that I have retained the services of an attorney who practices only Family Law and that we've been assured that it's not a problem. The adoption is moving forward and should be completed in 30 days. Footnote: my adopted son will be issued a NYS Birth Certificate that will state the city and country of his birth, and it will also state "NOT A US CITIZEN" We will however be able to Petition the US Secretary of State requesting that he be recognized as a US National. All US Citizens are US Nationals, but not all US Nationals are US Citizens. It's highly probable that the Petition mayl be denied; but, won on appeal at your local US District Court. The letter of the Law may be black and white, but the application of the Law is like any human: flexible.

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16y ago

Probably not. The minor cannot be adopted unless he or she is an orphan or the parent(s) have voluntarily relinquished their rights to the child. Other factors would be the child's country of origin, when and how he or she entered the US, how long he or she has been in the US, etc.

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16y ago

No. Illegal immigrants regardless of their age are not eligible for adoption. In most instances even a legal immigrant minor already within the US cannot be adopted unless his or her parents have had parental rights terminated or the minor has been declared an orphan, an asylee or a refugee.

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15y ago

This question can be accurately answered if you call a 1-800 number for immigration and talk to an operator who will use immigration laws to answer the question. I have limited knowledge, but I would like to say that the child born is the US is irrelevant. I think that there is an age limit, and 17 sound high. I know that calling immigration is long and tedious, but you will get the right answer.

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14y ago

That would be an adult illegal alien and a whole different thing. First he has to report to the authorities since you have to do it legally. I doubt it would work and he might get deported.

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12y ago

yes

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Q: Can a US citizen adopt a 17 year old?
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