Bringing 19 year old brother to the US if both parents died

[2manband 0]

New member here - so hello to everybody!

I'm a natural born US citizen and my wife is a Permanent Resident (through marriage) - she should be eligible for citizenship in about 3 years and plans to pursue that when the time comes.

My wife's father died about 4 months ago of a brain anheurism, and just recently her mother had a massive stroke and is developing pneumonia from being on the respirator for a long time. The chances of her surviving are not very good. This will leave the wife's brother, age 19, still living at home and going to school, all alone. We're looking to see if there is any possibility of us bringing him to the US if their mother doesn't survive. I can think of a couple options, but none of them look very feasible:

1. Bring the brother here on a student visa. He can live with us and study at the local college while his family based application is pending. As I understand it, this is no good because he can't simultaneously stay here on a visa while his immigration application is pending. Plus, I also understand that my wife can't sponsor her brother until she's a citizen, and even then it may take 10 years or more.

2. File to become her brother's legal guardian, and bring him here as though he's the child of a green card holder. I don't think that legal guardians have the same immigration benefits as biological or adoptive parents, though. And while USCIS recognizes "unmarried children under 21" she may not be able to become a legal guardian because he's over 18. (he's 19 years old currently)

Am I understanding all of this correctly? Is there any other pathway that we might be able to pursue to bring him here?

I thought originally that this would be difficult because he's over 18, but from what I'm reading, it wouldn't matter if he was 8 when both parents died.

[2manband 0]

One other note - the brother does have a valid tourist visa. He has traveled to the US before, stayed a few weeks, and then returned home.

[Penguin_ie 5,996]

Student visa is your only option in the short to medium term.

You might be better off with your wife going home for a few months, showing her brother how to live independantly (how to pay bills, make sure he reads any contract before he signs, find a small apartment of his own etc).

[2manband 0]

Student visa is your only option in the short to medium term.

You might be better off with your wife going home for a few months, showing her brother how to live independantly (how to pay bills, make sure he reads any contract before he signs, find a small apartment of his own etc).

That's pretty much the same conlusion that we've come to. The wife's been there for a few weeks now, and will be until the end of February, both to help her brother out, and to take care of whatever happens with her mom.

Fortunately the family owns their home outright. It's nothing extravagent, but it's not in a favela, and it's paid for. My wife worked very hard to afford them that. So her brother will have a decent place to live, and he is working, so I think the wife can help him to manage the household expenses and get by.

He's said that he would like to come here if he loses his mom, as his sister is his only immediate relative that's still alive. I guess we can find a way to support him if he wants to go to school here, but after that it looks like he would have to go back. At least we would be able to help him while he's dealing with the loss of his parents, give him a few more years to grow up and an education that will help him when he returns. Or who knows, maybe he'll meet somebody and get married while he's here.

Edited January 25, 2012 by 2manband

[Penguin_ie 5,996]

Indeed or, depending on what he will be studying, could get a work visa.

[Boiler 46,130]

still living at home and going to school

So her brother will have a decent place to live, and he is working

Confusing.

If he want to go to University I am sure it would be much much cheaper in Brazil.

The cheap local community college might work, sounds a long shot.

[2manband 0]

Confusing.

If he want to go to University I am sure it would be much much cheaper in Brazil.

The cheap local community college might work, sounds a long shot.

Her brother works during the day, and attends classes in the evening in the same town where he lives and works. Lots of community college type schools in Brazil offer evening classes for people who can't afford to stop working while they study.

Regardless of what happens with their mother, he will have a roof over his head as they own the house they're living in.

Does that clarify?

We're not so much interested in bringing him here so that he'll get a better education. We would probably be sending him to a local community college - I guess US community colleges are better than their Brazillian equivalents, but it's not ivy league either way. We're mainly considering it so that he's not left alone with no family - especially while trying to deal with the sudden loss.

Edited January 25, 2012 by 2manband

[Boiler 46,130]

We're not so much interested in bringing him here so that he'll get a better education.

I appreciate that, and I am pretty sure so with the Consulate, hence my comment.

[2manband 0]

I appreciate that, and I am pretty sure so with the Consulate, hence my comment.

As far as I've been able to determine, the qualifications for an F-1 student visa are as follows:

That you can pay for your education and all living expenses associated therewith from an identified and reliable financial source - Specifically, that you have enough readily available funds to meet all expenses for the first year of study, and that adequate funds will be available for each subsequent year of study. An M-1 student visa applicant must be able to evidence that sufficient funds are immediately available to pay all tuition and living costs for the entire period of intended stay.

That you have successfully completed the course of study normally required as a prerequisite to enrollment in the U.S. educational program you wish to attend;

Unless coming to participate exclusively in an English language training program, either that you are sufficiently proficient in English to pursue the intended course of study, or that the school you will attend has made special arrangements for English language courses or will teach the course of study in your native language;

That you have been accepted for a full course of study with a U.S. educational institution; and

You must establish to the satisfaction of the consular officer that you have binding ties to your residence in a foreign country which you have no intention of abandoning, and that you will depart the United States when you have completed your studies.

I think we can meet those, and they don't seem to be related to the quality of education that the student would receive. Is there an additional set of requirements I'm not aware of?

Edited January 25, 2012 by 2manband

[Boiler 46,130]

I am sure the FAM goes into it in more details, but that is certainly the essence and the issue.

[Brother Hesekiel 2,236]

2manband,

the cost for an international student to attend even a community college will make you stop breathing until your head is red as a firetruck. If you have tons of money to burn, it would be best if you make sure he can attend school in Brazil and has enough health food in the refrigerator. In 2015, your wife can file a petition for him and in late 2026 or early 2027 he then can immigrate to the U.S. If he by that time has a doctorate degree, all the better, as he then will make enough money to pay you back.

[2manband 0]

2manband,

the cost for an international student to attend even a community college will make you stop breathing until your head is red as a firetruck. If you have tons of money to burn, it would be best if you make sure he can attend school in Brazil and has enough health food in the refrigerator. In 2015, your wife can file a petition for him and in late 2026 or early 2027 he then can immigrate to the U.S. If he by that time has a doctorate degree, all the better, as he then will make enough money to pay you back.

I've checked our local community college website, and the tuition costs for an international student are the same as the ones for an out of state student.

We certainly don't have money to burn. It would be difficult, and it would mean making a lot of sacrifices, but I think we could make it work, especially if I start working some of the overtime that (thank God) is available to me.

I guess we have to decide whether that money is better spent helping him to study in Brazil or here in the US. Maybe we can just bring him here for a few months on his tourist visa to be with his sister while recovering from the loss of their parents, and then help him out a little each month so that he can still study AND pay the bills back in Brazil.

Anyway - thanks to everybody for the input. I guess this is more of a family decision at this point than a legal one, and we'll just have to work out the best path forward for ourselves.

[stefan y karen 23]

God bless you and your family in whatever you choose to do.

[RICARDO4EVA2 194]

New member here - so hello to everybody!

I'm a natural born US citizen and my wife is a Permanent Resident (through marriage) - she should be eligible for citizenship in about 3 years and plans to pursue that when the time comes.

My wife's father died about 4 months ago of a brain anheurism, and just recently her mother had a massive stroke and is developing pneumonia from being on the respirator for a long time. The chances of her surviving are not very good. This will leave the wife's brother, age 19, still living at home and going to school, all alone. We're looking to see if there is any possibility of us bringing him to the US if their mother doesn't survive. I can think of a couple options, but none of them look very feasible:

1. Bring the brother here on a student visa. He can live with us and study at the local college while his family based application is pending. As I understand it, this is no good because he can't simultaneously stay here on a visa while his immigration application is pending. Plus, I also understand that my wife can't sponsor her brother until she's a citizen, and even then it may take 10 years or more.

this would seem to be the best route but if he should come now he would need to remain in a valid status with his student visa for some 11+ years which is (almost) impossible.

2. File to become her brother's legal guardian, and bring him here as though he's the child of a green card holder. I don't think that legal guardians have the same immigration benefits as biological or adoptive parents, though. And while USCIS recognizes "unmarried children under 21" she may not be able to become a legal guardian because he's over 18. (he's 19 years old currently)

he is 19, a adult. no legal / adoption possible / needed here

Am I understanding all of this correctly? Is there any other pathway that we might be able to pursue to bring him here?

I thought originally that this would be difficult because he's over 18, but from what I'm reading, it wouldn't matter if he was 8 when both parents died.

[MissDinaDee 8]

I am so sorry to see your family going through all of this. Its awful to see that there is no easy solution for you to keep a family together, heartbreaking.

Wishing you all the best in your potential immigration journey and solace while you each grieve.

Best,

MrsJ