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Overstay in the U.S. with a tourist visa

92592 |

I went to the U.S. as a tourist visa when I was 14 years old. Once I got there, I got adopted by my uncle and aunt in law (both legal U.S. citizen) at the age of 15. After the adoption was approved both of my adopted parents wish not to continued applying for a green card or citizenship for me. Last year in November I was planning to apply for Dream Act but unfortunately I had returned back to my home country due to my mother was at stage 4 of cancer and now she have passed. I am now 20 years old and wish to return back to the U.S. but my uncle and aunt aren't willing to help me out. Are there any possible ways for me to get back to the U.S.? If I were to apply for K1 visa, will there be any chance for my visa to be approved?

Attorney Answers 3


  1. No one can make your adoptive parents sponsor you. If you have not left, sounds that you may have qualified for DACA. However, since you left, you are facing a harder battle. You can apply for a K-1 visa, but you also now may have unlawful presence issues (depending on how old you were when you left the US). If you were here after your 18th birthday, you started accruing unlawful presence.

    Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a client attorney relationship is not created. For a free consultation call (646) 253-0516.


  2. Hello:

    It depends a bit when you might have left the U.S. However, you can still apply for the Dream Act (assuming you meet the other qualifications). If approved, you will be paroled into the U.S. Even if not, you can also try the Humanitarian Parole.

    We have 3 offices over the State of California and an international office in the Philippines. We do 100% Immigration Law, have done nearly 5000 cases and can help you. Should you want an in depth consultation, please schedule one at blerner.checkappointments.com or call 562-495-0554 or e-mail me directly at blerner@californiaimmigration.us


  3. I would have a consultation with an experienced immigration attorney. You might be able to argue that you are a US citizen since your aunt and uncle were US citizens and adopted you before your 16th birthday. Also, if there was any harm or mistreatment by your adoptive parents, you could qualify for relief under Violence Against Women Act.

    But you need to have an attorney review your file very carefully and examine all the facts and see how your situation applies to the law. The complication in your case is that you returned to your home country without the proper documentation and it will be much harder to obtain documents from overseas. It creates a logistical problem that you will have to work hard to overcome.

    The information you obtained at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Asma Chaudry invites you to contact her directly and welcomes your calls, letters and electronic mail. Contacting Asma Chaudry does not create an attorney-client relationship. Please do not send any confidential information to her until such time as an attorney-client relationship has been established. asma@asmachaudry.com (732) 662-4125

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