I am a Canadian citizen and my boyfriend is an American citizen. What if I am visiting the States and my boyfriend and I decide to get married. Could I then remain in the United States and do all the paper work (to allow me to work and go to school, etc.) while I am with my husband? I was told that there is a penalty fee for not going through the fiancee route. Is this true?

The act of applying for permanent residence within the United States is referred to as adjustment of status. The mere fact that you did not enter the United States as a fiancee does not, by itself, prohibit you from adjusting to permanent residence in the United States or subject you to any penalty.

However, preconceived intent to remain in the United States at the time of your entry as a nonimmigrant (B-2 visitor in your case), even though not arising from fraud or wilful misrepresentation, may result in you being denied adjustment of status. Where the Immigration and Naturalization Service suspects that preconceived intent exists (which they are likely to do if you enter on a B-2, get married and then apply for adjustment) they will probably deny a normal application for adjustment.

However, subsection 245(i) of the Immigration and Nationality Act ("INA") now permits individuals previously ineligible under INA §245(a) to apply for adjustment provided that they pay a sum equal to five times the fee required for the processing of permanent residence applications. Subsection 245 of the INA became effective on October 1, 1994 but will expire on September 30, 1997. This is the penalty you heard about.

There is also a separate issue which should be considered. If you get married and apply for adjustment of status too soon after your initial entry as a B-2 visitor, you may be presumed to have acted fraudulently. However, if you wait at least 90 days after the date of entry, as general rule such an allegation will not be made. Nevertheless, waiting 90 days will not necessarily avoid allegations of preconceived intent which will result on your ineligibility for adjustment of status under normal procedures.

I was adopted by a U.S. citizen when I was 14 years old. Would that qualify for the purpose of family-based immigration? I seem to remember from previous readings that I had to be under 14 when the adoption took place in order to qualify. Assuming that the answer is no, would my natural parents (who are now U.S. citizens residing in the United States) be able to sponsor me?

Adoption is valid for immigration purposes if a child was adopted while under the age of 16 and was in the legal custody of, and resided with, either or both of the adopting parents for at least two years (such residence can have taken place before or after the adoption). Adoption must be legally valid in the country where it took place.

If the above requirements were satisfied, it will sever the relationship between the child and his or her natural parents. However, if the child does not acquire immigration rights and privileges between himself or herself and the adoptive parents, the child's relationship to the natural parents remains the same for immigration purposes.

Since your natural parents are also citizens, you should be eligible as a 3rd preference family-based beneficiary in any event.