I-130 – How to bring a disabled brother with my parents to United States under immigration laws?

laboissiere_usa: I-130 – How to bring a disabled brother with my parents to United States under immigration laws?
I recently became a citizen, and now I would like to sponsor my parents and my brother for family based green card.

The problem comes as my oldest brother who is older than 21 and is mentally disabled, and dependent on my parents.

Now if I apply for my parents and my brother, my parents will get approval much quicker than my brother. My brother can’t stay alone and needs to come with my parents.

What should I do in this circumstances ? Any ideas or exceptions are there by which they can all come together ? Would adoption of my brother be a solution ?

Answers and Views:

Answer by Fred S
You have summed up the situation very well.

If you want three people to join you in the U.S., and you want them all to come here at the same time, they will have to come when the last of the three finally gets his immigrant visa.

If your brother needs your parents for support, your parents will need to postpone their arrival until your brother’s visa is ready which might be about 11 years from now.

Adoption is out of the question as he is too old, and there are no exceptions in the law for mentally disabled persons. In fact, some mentally disabled persons are not admissible.

You should petition for your brother right away. You can wait a while before you need to petition for your parents. No sense in spending the money now if they aren’t going to come here until your brother’s visa is ready.

Answer by Ali A
Adoption of your brother is NOT a solution. He’s too old.

A poster on another website suggested:”Apply for your brother first, wait 10 years and then apply for your parents… they should all get approved about the same time.”

Note that because he is mentally disabled there may be some issue with him becoming a public charge.

Answer by Verne
There is some question as to whether your brother would ever be
issued a visa. With his condition it is very likely that he would become a public charge. As such he would be inadmissible.