Immigration Issues/Adoption



I had a couple of questions about my adoption. I came here on a nonimmigrant visa and then switched over to a student visa that expired. My US citizen aunt adopted me to try and change my legal status. She adopted me in 2002 in california. I was told that my legal status could not be changed because i turned 16 before the adoption was final. Someone told me about the Child Citizenship act in which i could already be a citizenship. I was wondering if there is any validity in what i was told. My knowledge is that you had to be under 16 when the adoption was final in order for legal status to be changed. Do i have any other options there?

I am also a derivative of my mom's f3-family based petition for the philippines. Her priority date is sep. 1991. Currently it has retrogressed back to july 85. I am turning 21 this june. In the case of turning 21 and the priority date becoming current next year, what are my options? Am i eligible for the grandfathered 245i law? since a visa was petitioned for me back in 1991 and have been here since 1992? Can i file for 245i now even though my mom's current priority date is not current?

I am also studying to become a nurse and have applied to nursing programs here in California. If i get accepted, i hear that they do background checks and could find out about my overstayed status and could face consequences. I just wanted to know if that does happen can 245i save me from being deported? i hope you can enlighten me on this situation.

thank you  

you are protected by 245i as long as Immigration does not find you and place you in proceedings to try and deport you. 245i is not a filing - the I-485 is the filing which you can not do until the priority date becomes current. If you turn 21 the formula for whether you can use the same category is to take your age on the date the priority date becomes current and subtract the amount of time it took Immigration to approve the I-130 after filing. If that is under 21 you can keep the category. Otherwise you go into the 2B category.

Adoption is out because you were over 16 when it became final.



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Robert Hollander<B> Esq.</B>



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