Sponsor of Adoptive Brother

[mdeygoo 0]

My brother lives in the USA and is interesting in sponsoring myself and family. The problem is I was adopted by his family and I lived with my family since I was 4 months old but my surname was changed to his when I was 18. Can he apply for sponsorship in light of this?

[Transborderwife 4,666]

So you mean your biological brother? And you were adopted by another family? Nope, sorry. He no longer had any legal relationship to you.

[mdeygoo 0]

Well actually I might have worded my post wrong. At 4 months old I was adopted by my brother's biological parents, we grew up together but only with different names since our parents neglected to change my surname to theirs until I was 18. At the moment myself and brother have the same last name and I recently acquired a non-immigrant visa to the USA. I am only wondering about the sponsorship part.

[NigeriaorBust 4,087]

Were you legally adopted ? I know it is common to be raised by others and never have a court adoption. If you were legally adopted ( formally ) before you were 16 ( I am hoping the name change at 18 wasn't the legal adoption ) then your brother could apply for you. You do know that it is a very slow process . If the laws don't change it will be over 13 years before you would be eligible to come here with an immigrant visa. Is your brother a ISC already because he must be before the process can even start.

Edited April 15, 2016 by NigeriaorBust

[Unlockable 7,315]

Legal adoption? Can you provide court papers showing legal adoption before the age of 16?

If so then you should be good to go.

Keep in mind that for siblings of USC the process can take more than 10 years before you (and your family) can immigrate.