Can a US citizen adopt a 19 year-old legal immigrant in the state of Georgia?

Asked over 1 year ago - Canton, GA

He has lived here since he was 7 under his father's work visa, but his parents kicked him out when he was 17 and have since returned to the UK. He was told that he is still here legally. He has thought of me as his mom for the past year, and we would like to make it official. Do we have any options?

Attorney answers (6)

  1. Jessica Lynne Gordon

    Contributor Level 8

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    Answered . I agree with my colleagues’ answers that it sounds like what you are asking about is an adult adoption. It is perfectly natural to want to seek to legalize an emotional attachment to an adult in your life and Georgia has a statute that specifically provides for adult adoptions. However, I also agree with my colleagues that it sounds like he has some unresolved immigration issues that need to be addressed as well. Unfortunately, your adopted son would not be able to gain any immigration benefit from the adoption because if you adopt a child past when the child turns 16, you will not be able to petition for immigration benefits for him based on the adoption. There is one exception to this rule, which is that if you are adopting a sibling group, and one is below 16 and the other is over 16 but under 18, then you would be able to petition for immigration benefits for both children. However, it sounds like he is already over 18 and does not have a sibling you are seeking to adopt. Therefore, I would recommend that you speak to an experienced attorney with both immigration and adoption experience as there may be other immigration relief available to him, such as DACA.

    If you would like to discuss the process in detail, my office would be happy to talk with you. We are located in Marietta, Georgia and concentrate on immigration and adoption. We regularly give guidance on this type of case, and we offer free 15 minute consultations to potential clients. You can also find a list of other experienced immigration attorneys through http://www.ailalawyer.com/ and other Georgia adoption attorneys through www.gacal.org.

    Good luck!
    I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated.

    I am licensed to practice solely in Georgia, and do not intend to give legal advice or create a lawyer/client... more
  2. Sherry Virginia Neal

    Contributor Level 11

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    Answered . I agree that adoption is possible in these circumstances. Compared to other types of adoption, adult adoption is much less complicated. That said, I agree with Jessica that there may be unresolved immigration to address, and adoption will not "fix" those issue.

    I highly recommend that you consult with an attorney with both immigration and Georgia adoption expertise. You can find a list of experienced attorneys at the website for the Georgia Council of Adoption Lawyers.

    The information contained in this response is not, nor is it intended to be, legal advice. Neither Neal & Wright... more
  3. Robert M. Gardner Jr.

    Contributor Level 18

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    Answered . As the others have stated, an adult adoption is pretty straightforward, but would not affect his immigration status. The only hurdle I foresee is that you would need to get a copy of his birth certificate to complete the adoption, which may or may not be an issue.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base... more
  4. Glen Edward Ashman

    Pro

    Contributor Level 20

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    Answered . Georgia law does allow adult adoptions. See an adoption attorney in your area.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  5. F. J. Capriotti III

    Contributor Level 20

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    Answered . Adopt? Yes

    Will it help with immigration? No

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  6. Nicklaus James Misiti

    Contributor Level 19

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    Answered . He will not obtain any immigration benefit from it. Who told him he still has a legal status? If so what status. I would be surprised if he has a legal status from the facts you gave. He may qualify for deferred action for childhood arrivals. My firm handles such cases throughout the US.
    Regards,
    Nicklaus Misiti
    Law Offices of Nicklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an... more

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