Immigration

Asked almost 3 years ago - Albany, NY

I am an adult 26 years of age. My mentor can adopt me if its my only option of staying in the United States of America and he will. I do have a felony, which under immigration law is considered an aggravated felony. Will this felony prevent me from recieving my permanent residence status even though technically I was adopted by American parents, making me American as well? Furthermore, who files the papers, the adult or the adopting parents?

Attorney answers (3)

  1. Stuart Jonas Reich

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . Both your age, and the aggravated felony are independent factors, each of which would keep this from working for you by itself.

    The adoption would no longer work because of your age.

    Even if it did or you had some other immigration option available, the agfel would keep you from getting a green card.

    Speak with a lawyer directly.

  2. KiKi Maria Mosley

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . Being adopted at the age of 26 cannot help you because you are too old. Your aggravated felony, if it is indeed an aggravated felony for the purposes of immigration will act as a bar to any application for adjustment you could make, assuming you find an alternate way to petition aside from adoption.

    You should have a consultation with an immigration attorney. From your question it seems that you have been misinformed that this adoption would have been a "ticket" to a petition on your behalf.

    You should take your criminal records with you to the immigration attorney and they can make an assessment as to whether it is an aggravated felony for the purposes of immigration - this is a unique concept within immigration law.

    FREE CONSULTATION ON IMMIGRATION AND DEPORTATION MATTERS Contact: Law Offices of KiKi M. Mosley 208 S.... more
  3. J Charles Ferrari

    Contributor Level 20

    2

    Lawyers agree

    Answered . An adoption will get you no immigration benefits whatsoever.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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