I am 21 years old and I'm a U.S. citizen. My step-father has been in my life for 10 years now. He is the biological father of my little brother. I would like him to adopt me but I don't know how to go about that. He is an illegal immigrant and he's currently trying to get all his paperwork together to become a legal immigrant in the U.S. I don't know if he can adopt me regardless of his immigration status, he doesn't know that I want to do this process and neither does my mother but I would like to surprise him with such gift for Father's Day in June.
Adoption is a complicated, lengthy and expensive process. Makes no sense in your situation, since most of the time it is the reverse that occurs: US citizens "adopt" children abroad, to be able to immigrate them to the US.
Your step-father adopting you at this stage in life will not give him any immigration benefits, if that's what you are preoccupied with.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. 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.
Immigrationwise, this course of action will not provide him a way to become a legal immigrant. Adoptionwise, you should consult an adoption lawyer in your area to see whether it's possible to even adopt an adult. You can repost your question and label it a "family law" question if "adoption" isn't its own category.
Yes, he can probably adopt you. Talk to a family lawyer in NY.
No, it will not help him to become 'legal' in the US.
What's your mother's US immigration status.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
The recommendations of my distinguished colleagues, attorneys Giacomo J. Behar and F. Capriotti has furnished to you is correct. Now you just need to act on it with the help of local immigration counsel. You should not be restricted by geographic factors. Good luck.
If you found this Answer helpful, please mark it as "Best Answer" Please 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.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline