Verified answer

You need to speak with an immigration attorney. Anything anyone would tell you here would be suspect to many prejudices and could not be believed.

That's a good question. Of course if someone is adopted, they get a visa if they are brought in from outside the country and the visa is applied for from outside the country. In the case of adopting a person already here illegally, I think it would come down to whether or not the alien is eligible for a visa. If they are not eligible, there would be little hope. I do not think the age of the alien affects eligibility as a point of law, but it might be a factor when arguing discretionary areas of the law.

There is a case where an illegal alien was adopted, but that was after she and her family had been deported. It was shown on a documentary once.

Just a little something that I found on the Sacramento Law Library Site.

How to Adopt an Adult

Adult adoption is a legal procedure in which an older adult adopts a younger adult. Once an adult adoption is complete, the parties assume toward each other a legal parent-child relationship, with all associated rights and responsibilities of such a relationship, including inheritance rights.

An adult adoption severs all existing parent-child relationships, unless the adopting parent is the adoptee's stepparent. When a stepparent adopts an adult stepchild, the adopting parent's spouse retains his/her parent-child relationship with the adoptee.

FORMS

There are no Judicial Council forms for this procedure. Instead, the relevant documents must be typed on 28-line pleading paper. Customizable templates may be downloaded from these links:

Adoption Agreement

Consent of Spouse of Adopted Person

Consent of Spouse of Adopting Parent

Petition for Approval of Adoption Agreement

Order of Adoption

Click here to download this Guide, with step-by-step instructions, including sample forms:

Adult Adoption in California, Step by Step.

The link to the page where I found it is:

http://www.saclaw.org/pages/adult-adoption.aspx

I will do another post after researching if an adoption can help change illegal status.

I think what you have in mind for that child is a wonderful thing,everybody should be giving a chance.Unfortunately the authorities will not see it the way you are seeing it.Logically,being an illegal the child and parent would possibly be sent back to their own country before any discussion on adoption will be listened to.My advice to you is to get intouch with a good lawyer who can put you through.Best of LUCK.

This child DOES have a chance to rectify matters! If he returns to his own country before he turns 18, his parents' illegal acts will not be held against him. He will then become eligible to apply for a student or other visa, or immigration, if he has a sponsor and otherwise qualifies.

If he does not return to his own country voluntarily before his 18th birthday, then he is choosing to violate immigration laws as an adult. He is therefore subject to arrest, detention, deportation and a 10 year bar to reentry. He needs to use the one chance he has to "clean the slate" of his parents' misdeeds.

As for adoption, no, not possible. As an illegal alien, he cannot be "legalized" in any way whatsoever. He would have to return to his own country with his parents. They would both have to relinquish all rights to their child and obtain proper court documents, and he would have to be legally adopted in Mexico. The adoption would not be complete & final for at least a year after the initial adoption order.

Mexico is very tough on foreign adoption to prevent kidnapping, baby selling and the other sorts of baby trafficking crimes that have been going on in Cambodia (Kampuchea), Guatemala, and many other countries. So it is highly unlikely that an adoption could be completed to the satisfaction of authorities and then the child be brought into the US legally.

Also, under US law, there is age limit on adopting children and bringing them into the US. This kid is in high school -- he's already too old, even if the adoption were completely legal and final today.

It is possible but it has to be completed before the child reaches 16. There are a lot of variables such as parents giving up all rights to the child, what country, etc. You would definitely need a lawyer.

Sound arguments.

the way things are now i wouldn't doubt it

No because he is not even supposed to be here. And, besides, he apparently has illegal alien parents.

There are many children that will not go to college because it is not affordable to them. Why not sponsor one of our own legal children?