QUESTION
Can I fill form i-485 even though my authorized stay has expired?
Asked on Sep 28th, 2014 on Immigration - Virginia
More details to this question:
My U.S. parent want to apply permanent resident for me. They adopted me when I was in the U.S., so i believe I am in immediate relative case. I came here with tourist visa on 2009. I have overstay about 4 and half years now. I don't know if this crime apply for me or not, because i am sixteen years old. I believe so, because three-year bar and ten-years bar have exception for underage person. So, i want to ask you before filling this application.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
It would appear from the facts of your question that you may legally be adopted for immigration purposes. I do note that adoption immigration has become more complex with the application of the Hague adoption convention which applies to nationals of many countries of the world. Assuming that the adoption is good for immigration purposes, you would be an immediate relative and eligible for adjustment of status since you entered the country legally. The 3 and 10 year bars only apply to those who leave the country and wish to reenter. That does not appear to be your case. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Oct 23rd, 2014 at 2:21 PM