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I just got back from the United States and I overstayed 4 days. My uncle is going to adopt me. Can I get an immigrant visa?

Los Angeles, CA |

I am 17 years old, but he is going to adopt me and my sister, she is 14 years old. Can we both apply for the immigrant visa based on the adoption..... and am I going to have any trouble with that 4 days overstay?

Attorney Answers 3


Too late for obtaining immigration benefits as a result of your being adopted by your uncle. Uncle should have already had custody over you in your native country prior to you reaching age 17. It is still time for your sister . That 4 day overstay might have a negative effect on your readmission or visa renewal probabilities.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Instructions for a Hague Convention Birth Siblings between Age 16 and 18 The International Adoption Simplification Act of 2010, Public Law 111-287, amended section 101(b)(1)(G) of the Immigration and Nationality Act to allow the birth sibling of an adopted child to qualify as a Hague Convention adoptee after the birth sibling’s 16th birthday, but prior to the birth sibling’s 18th birthday. After November 30, 2010, a Form I-800 may be filed, in accordance with form filing instructions, if; The child is from a country Party to the Hague Convention on Protection of Children and Cooperation with Respect to Intercountry Adoption The child is the birth sibling of another foreign national child who has immigrated or will immigrate based on adoption by the same adoptive parents The Form I-800 is filed before the expiration of the notice of approval or extension of the I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, and before the child’s 18th birthday No additional filing fee for a Form I-800 is required when filing for children who are birth siblings. WE ARE BIRTH SIBLINGS. I am 17 and she is 14.... does it change anything?


The adoption must take place prior to your 16th birthday for your uncle to be able to sponsor you for a green card.

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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I agree with Mr. Behar and would clarify that because you're under 18 and your overstay was only 4 days, that's not going to be much of an obstacle for you. However, reentering on a tourist visa could be difficult because you can't have immigrant intent, which is going to be presumed. Touch base with an immigration attorney to see if there are other options available to you based on your home country.

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