Legal guardian can file AOS for child?

[logisticamente 152]

Hi guys!

When my little brother was born my family decided to adopt him as he came from a very low income family. His birth parents agreed to give us legal guardianship which we were fine with as we just wanted to help this kid and make him part of our family.

a couple of years ago my parents divorced, my mom married an USC and became a LPR. My dad stayed in the Dominican Republic.

My little brother is currently visiting my mom in Puerto Rico and her lawyer sugested she should take advantage of his location and file for AOS, specially because he will be turning 16 very soon, so she submitted the paperwork through the lawyer. My dad has no issues with him living with his mother. Birth parents have been out of his life for over 12 years. He has lived with us his entire life.

 

I dont really fully trust lawyers so I wanted to ask here as none of you benefits from my mom filling or not. (Just the lawyer)

 

My questions are:

 

Can she file for AOS based on adoptive child even though he is not really adopted? We have legal guardianship paperwork only.

 

And is adopting him after she filed for AOS would be beneficial or harmful?

 

Any info regarding this matter would ease my mind.. thanks! Ive been googling but I’ve had no straight answer.

[Coco8 1,042]

She would not be able to get him a green card just with guardianship. He needs to be adopted first. 

 

I think the reason for submitting before he is 16 is to submit an adoption paperwork too. You can only adopt someone before they turn 16. 

 

I'm mentioning that because AOS for a child works until someone is 18. So the 16 year old cut-off the lawyer is concerned about is because this lawyer wants to do the adoption/i-130.

 

But I don't know much on the subject. It is a complicated matter and it is better to have a lawyer. You mom has to file for something. I mean, if you mom does not do anything this brother will have to be on his own in another country for ever. Even getting visitor visas can be difficult.

[logisticamente 152]

1 hour ago, Coco8 said:

She would not be able to get him a green card just with guardianship. He needs to be adopted first. 

 

I think the reason for submitting before he is 16 is to submit an adoption paperwork too. You can only adopt someone before they turn 16. 

 

I'm mentioning that because AOS for a child works until someone is 18. So the 16 year old cut-off the lawyer is concerned about is because this lawyer wants to do the adoption/i-130.

 

But I don't know much on the subject. It is a complicated matter and it is better to have a lawyer. You mom has to file for something. I mean, if you mom does not do anything this brother will have to be on his own in another country for ever. Even getting visitor visas can be difficult.

Coco Why do you give me bad news like this?!

How are you doing btw?

[Coco8 1,042]

2 hours ago, logisticamente said:

Coco Why do you give me bad news like this?!

How are you doing btw?

I'm doing OK. Thank you for asking!

 

I don't think it is bad news. Sorry if it seemed like that... Maybe ask the lawyer if he/she wants to do the paperwork now because your brother needs to get adopted (he can get adopted in the U.S.) in order to do AOS. The adoption should not take long since she is already his legal guardian.