Will my adopted son be able to stay in the US after filing the I-130? 5 Answers as of February 21, 2011

I am filing form I-130 for my adopted son who is currently on an F1 visa but just graduated. Will submitting this application allow him stay here legally until a decision is reached even though it might be past the date on his I-94? If I send in my application form I-130, does it allow me legally stay in the United States past the date on the I-94?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If you are a U.S. citizen and your adopted son has been in your care, custody and control for at least two years after the adoption, and the adoption took place before his 16th birthday, then you can file the I-130 and he can file the I-485. It is the I-485 which allows him to remain. Until the 2 year period after adoption has passed you are not eligible to file an I-130 for him so make sure he maintains a nonimmigrant status. Exception to these rules is if he meets the test of being an orphan for immigration purposes.

If you would like a consultation on the facts of your specific case feel free to contact me as indicated below. I do charge for consultations but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for services after the consultation.
Answer Applies to: California
Replied: 2/21/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Yes, he will be able to stay.
Answer Applies to: Tennessee
Replied: 2/2/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Your question is confusing, i.e., if you yourself are not at least already a lawful permanent resident (greencarder), you could not be petitioning for such status for your adopted son. However, if you are at least a person with a green card, then yes , you could petition to adjust your son's status to lawful permanent resident which could allow him to remain in the U.S., pending a decision from USCIS on the matter.
Answer Applies to: Virginia
Replied: 2/1/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
No. submission I130 does not grant him legal status to stay in USA. He will have to return to his country after his visa expires.
Answer Applies to: Florida
Replied: 1/31/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
First, understand that filing an I-130 petition does not grant any legal status and does not grant the beneficiary the right to remain in the U.S. For an adoption to be valid for immigration purposes, the adoptee must be under 16 years old when the adoption is completed. Also, unless he qualifies for an orphan petition, you must also have 2 years of physical and legal custody before you can file the I-130 petition. Once these requirements are met, if you are a U.S. Citizen and he is under 21 years old and unmarried, then he call file for his Green Card even if he is out of status.
Answer Applies to: California
Replied: 1/31/2011
Click to View More Answers: