Adult daughter is intellectually challenged

[Sukie 1,463]

My sister-in-law will enter the Diversity Lottery this fall. (My spouse would also be able to sponsor her sister once she becomes a citizen in a few years.) So SIL may get here in various ways. That's not the issue.

My SIL and Brother-in-Law were foster parents in their younger days. They cared for (and still do) a woman (I'll call her Stacy) who is intellectually challenged and cannot live independently.

Stacy is now 37 years old, but has the intelligence of about a nine-year-old. SIL and BIL never formally adopted Stacy, as her mother is still living (Stacy was removed from her mother's home because of abuse).

Stacy is, and always will be a dependent. While she is the age of an adult, she does not function as one. Is there any way Stacy could immigrate as a derivative to the US if SIL wins the Lottery? Of course, she is over 21 in chronological age, but not in intellectual age.

Will this be a dead end? Thanks if you have any info...

Sukie

[Mark88 183]

I'm afraid so. Since Stacey is not related in any way, I don't see her immigrating under the DV guidelines. I hope all works out for them though.

[lost_at_sea 995]

I agree with the previous post. Had she been adopted, I wonder if there would be grounds (I'm googling about but not finding anything useful - I wonder if there's some sort of waiver of ageing out for such cases, for example) - but since she isn't legally a dependant, then I don't see how they could take her.

[Sukie 1,463]

I agree with the previous post. Had she been adopted, I wonder if there would be grounds (I'm googling about but not finding anything useful - I wonder if there's some sort of waiver of ageing out for such cases, for example) - but since she isn't legally a dependant, then I don't see how they could take her.

Thanks, all. I was worried about this.

I wonder if SIL and BIL were to become legal "guardians" for Stacy if that would make a difference. Well, SIL has to win the lottery first!

Sukie

[lost_at_sea 995]

Thanks, all. I was worried about this.

I wonder if SIL and BIL were to become legal "guardians" for Stacy if that would make a difference. Well, SIL has to win the lottery first!

Sukie

I'm not sure they recognise any sort of guardianship. It would have to be adoption, and that would have had to have happened before she was 16.

[NigeriaorBust 4,087]

It would be too late. Adoptions have to take place they are 16 for immigration purposes. If legal guardianship worked even high fraud country would have a whole new line outside the embassy. I think if they want to continue to care for this woman they will be limited to visiting the US. We all have choices not all of them are perfect.

[aaron2020 11,651]

It's a dead end. Stacy does not qualify as a derivative for many reasons.

First, she is not related to them. Adoption at this point will not work. Only children adopted before age 16 qualify as derivatives.

Second, she is 37. Derivatives must be under 21. Her mental age is irrelevant.

There is absolutely no way to bring an unrelated adult with them.