Can an US citizen adopt an illegal immigrant?

She is a dear friend and she has 3 kids all borned in US. Is there a way to adopt

Asked on September 28, 2017 under Immigration Law, North Carolina


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, a child can be adopted under the age of 15 in order to derive any immigration benefits.  Adults cannot be adopted for that purpose.If her children are US citizens, eventually, once one of them turns 21, he/she can petition for the mother to legalize her status either within the US, if the current law changes, or through the US Consulate in her home country.

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