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?
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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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: www.shusterman.com (English)
(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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