Brother with Aspergers (Special kid)

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aatish231

Registered Users (C)
Guys i am wondering if someone can help me out.

I have a kid brother who i became a guardian of when he was 16 he is 20 now.
I am in the process of filling out my 485/410 along with my wife and i am wondering if can sponser him he's a special kid with Aspergers syndrome. He has a mental capability of a 5 year old and that's pretty much it

I am wondering if someone can guide me in this case? He lives with his parents outside the US

Much appreciated.
Thanks
 
Unfortunately the wait time for brother of US citizen to immigrate is several years ( at least 12 years) and the wait time cannot be waived easily.

Are you sure his diagnosis is Aspergers? People with Aspergers are considered high functioning and you state he is 20 but mentally is like a 5 year old..

Are you planning to sponsor your parents also?
 
nkm-oct23 said:
Unfortunately the wait time for brother of US citizen to immigrate is several years ( at least 12 years) and the wait time cannot be waived easily.

Are you sure his diagnosis is Aspergers? People with Aspergers are considered high functioning and you state he is 20 but mentally is like a 5 year old..

Are you planning to sponsor your parents also?
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I am in the process to apply for my 485/410. I was told since i am the legal guardian i can easily add him on my 485/410 along with my wife whose with me in the US.

He is high functioning and his IQ is off the chart on the same hand a 3 year old could bully brother.
 
I don't think you can add your brother to your green card petition, you have been told wrong. You can only add your spouse and your minor children to your green card application.
 
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aatish231 said:
I am in the process of filling out my 485/410 along with my wife ...
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What is 410? Did you mean I-140?

What is the basis of your green card application? Your US ciitizen wife filed for you? An employer filed for you, and you want to add your wife and brother?

Your eligibility to add derivative beneficiaries depends on the category of green card you are pursuing.
 
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Sorry my employer is about to file for my 485/410. I will add my wife to my petition and wondering if i can add my kid brother on this petition he is 20 but when he was 16 i filed guardianship paper for him while i was with him in south asia.

He is mentally challenged and has aspergers.
I am wondering if guardianship papers are enough or if their is anything else i would require.
I am wondering about the timeline? How much time it can take.

I would really appreciate if you can assist me
Thanks
 
aatish231 said:
Sorry my employer is about to file for my 485/410. I will add my wife to my petition and wondering if i can add my kid brother on this petition he is 20 but when he was 16 i filed guardianship paper for him while i was with him in south asia.

He is mentally challenged and has aspergers.
I am wondering if guardianship papers are enough or if their is anything else i would require.
I am wondering about the timeline? How much time it can take.

I would really appreciate if you can assist me
Thanks
Click to expand...

Firstly there is no such thing as 485/410, you should be referring to I-485/I-140.

Your brother cannot get a green card based on his situation. Your employment based green card application only extends to your spouse and minor children, not your brother.
 
You are correct i am filing based on i-485/i-140
I am my kid brother guardian i was told by the lawyer that as long as i have his guardianship paper signed i can add him on the application?

was she wrong? Just need to get some clarification
Thanks
 
I don't think there is any provision to include a brother in your green card application. His disability has no impact on this provision.
 
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