Brother with Aspergers (Special kid) (green card, uscis, naturalization, applying)
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I don't believe the fact that he has Asperger's would in any way influence the immigration authorities to grant him immigrant status and I further believe that neither would your guardianship, You would have to adopt him. If you can't find the information you need on the USCIS website (linked in the first "sticky" on this page if you don't have it) you're best advised to contact them directly.
Doubt him having aspergers matters much. Things like that only help when a parents is being deported and a U.S. citizen child has issues. Honestly it's probably a negative, why would the U.S. want to allow someone to immigrate in who may have less to offer to the country. Not to sound mean or anything but that's what some of immigration is about. Your brother would need to become your child.
Aspergers/ your guardianship of him won't do anything.
Are your parents willing to move? It MAY be quicker for you to petition for your parents once you are a US citizen, then for them to petition for their son. But we are still talking years and years.
I am in the process to apply for my 485/410 along with my wife. I am wondering if i can bring my young brother to the US.
He is a special kid with Aspergers he's currently living with my mom and dad outside of US
Have spend a few months with him here and their.
Can anyone please let me know if this is possible and what lies ahead.
I am assuming how long this process will take
Thanks in adance
Aspberger's really isn't a disorder that requires medical care in the US. It's the lowest form of autism. Meaning, there really isn't anything to be had for it other than a little patience in dealing with him.
If you were the legal guardian, he'd be with you wouldn't he? But he's not. He's living with his parents overseas, so that means you haven't adopted him and you're likely just a back up guardian in the event of your parents death.
You'd have to follow Hague convention which means you can't adopt him before submitting immigration documents for him. There's a whole lot of formalities to be observed in adopting him. If you've adopted him prior to submitting the correct documents, the Hague convention wouldn't apply, but neither would your claim of adoption because he'd have immigrated with you. Basically, all the immigration steps have to be complete before he turns 16.
This is usually not an issue for young children who are international adoptees. It's usually only an issue when someone attempts to use adoption as a way to circumvent immigration laws, such as you're doing. And when I say that, I don't mean anything derogatory by it. But it is what it is.
Furthermore, you're applying to become a permanent resident with your wife. Which means, you have at least 5 years before you can apply for citizenship and petition for your parents and siblings. Will he be over or under 21 at the time you naturalize and petition for your parents?
That will determine the length of wait time you have to be able to bring him to the US as a permanent resident.
And just to give you the heads up, he can not enter the U.S. as a visitor and overstay while you wait for naturalization. No matter what category he's in, your sibling or your parents' child, he will be in a preference category of visa and he will not be eligible for a green card inside the US (adjustment, Form I-485) if he overstays any visit.
Aspberger's really isn't a disorder that requires medical care in the US. It's the lowest form of autism.
Actually, Asperger's is NO LONGER considered as a separate mental disorder at all, according to the new DSM-5:
"Notable changes include dropping Asperger syndrome as a distinct classification...In the United States the DSM serves as a universal authority for psychiatric diagnosis."
Doubt him having aspergers matters much. Things like that only help when a parents is being deported and a U.S. citizen child has issues. Honestly it's probably a negative, why would the U.S. want to allow someone to immigrate in who may have less to offer to the country. Not to sound mean or anything but that's what some of immigration is about. Your brother would need to become your child.
Sometimes people with this consider it a form of autism which means they're not going to be able to hold down a job.
If this man is unable to work for a living, who will be providing all his financial needs?
Sometimes people with this consider it a form of autism which means they're not going to be able to hold down a job.
If this man is unable to work for a living, who will be providing all his financial needs?
Hundreds of thousands of people with autism and related conditions support themselves very well and hold down excellent jobs!!!
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