We would like to adopt a 26 year old Asian girl who came to live with us over 1 year ago and is on a Student Visa. We have grown to love her dearly and would love to see her be able to stay in the US. Can we legally adopt her? What do we need to do? Please help?
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We would like to adopt a 26 year old Asian girl who came to live with us over 1 year ago and is on a Student Visa. We have grown to love her dearly and would love to see her be able to stay in the US. Can we legally adopt her? What do we need to do? Please help?
Please don't post yor email address. It's for your protection and ours. Thank you.
You continue to ask the same question.
You can adopt most any adult you choose.
Adopting a foreign national isn't going to allow him or her to remain legally in the US, or buck the LEGAL immigration process.
What army judge says is a good point to keep in mind. You can and should speak to an immigration attorney. Most will ask for a consultation fee, some might not. But understand that the Immigration authorities weren't born yesterday and such attempts have been tried many, many times. The adoption process itself isn't always simple and I recall efforts in New York City for an adult to be adopted by a rent controlled apartment tenant for the purpose of being able to keep the rent controlled apartment under rent control. Didn't quite work.
Who is an Adopted Child Under the Immediate Relative Process?
Under this process, an adopted child is considered, for immigration purposes, to be the child (or adult son or daughter) of the adopting parent if:
The parent adopted the child before his or her 16th birthday (or before the 18th birthday under certain circumstances as described below). You submit evidence of a full and final adoption AND
The parent had legal and physical custody of the child for at least two years while the child was a minor
The legal custody must have been the result of a formal grant of custody from a court or other governmental entity
The custody and residence requirement may be met by custody and residence that preceded the adoption
The two years custody and residence requirements are waived for certain abused children
My guess is that you're going to have a whale of a time trying to accomplish what you're hoping to accomplish. You'd have an easier chance if you had a single, 20-40 year old son, lol. Still, you're free to try your luck with USCIS and speaking to an immigration attorney to determine whether this might have a chance of working.
