Bringing orphaned brother in law to US

[IslAmy 122]

Hello VJers,

 

I'm hoping to get some advice about options for my family as we're in a bit of crisis at the moment. Here's the pertinent background information:

 

-I am a US citizen 

-My husband is Egyptian and came here on a CR-1 visa. We are currently in the ROC process. He is not eligible for citizenship until 2018.

-My husband's father suddenly passed away this week leaving behind my husband's younger brother. His mom passed away several years ago so we are the family he has left. He is 18 years old and a senior in high school. 

 

Moving forward we want to take care of brother and have him live with us. I feel that our options are limited for filing for him since my husband is not USC and brother is no longer a minor. Right now I feel that our only option is to have him try to be accepted to the local college and come here on a student visa so we can at least help him through school. He's not a good student though so we are concerned if this doesn't work. 

 

Does anyone see any other options or have any other advice? 

 

We greatly appreciate the help.

[Transborderwife 4,666]

Student visa sounds doubtful.  Plus part of a student visa is intent to return home.

[aleful 1,905]

I agree

 

there is nobody to come home to, so how will he show strong ties to his country, when he has stronger ties here? the only family he has got left is here, why would he leave after studying a career here?

[f f 725]

he is legally an adult. his only option to gain residency by family relations is if his brother becomes a usc and then petitions for him. and that is a long wait. as others have said a student visa will be very hard since he will need to show both ties to make him return to Egypt as well as he needs to show he can afford college here. saying you would pay for him would only reinforce the position that he has more ties here than in Egypt.

 

if he truly can not get on by his own it may be necessary for someone to go live with him in Egypt. please keep in mind that coming to the us does not automatically make someones life better.

[Boiler 43,430]

Lottery?

 

Same route as that used by his Brother?

[Coco8 1,039]

People keep mentioning on VJ about strong ties with an F-1 visa. To be honest, I got an F-1 and they didn't ask me about any ties. I didn't have a bank account, I didn't have property; sure, I had a father and 2 sisters but when you are in your 20s I doubt that counts for anything. I've had friends with F-1 visas who had fiancé/family in the U.S. 

 

Maybe country matters, but ties for an F-1 is not the same as ties for a visitor visa. It is hard to know what you will do after 4+ years .And even if you proved ties at the moment of the visa, a lot can change while you are studying. 

 

What might happen in the interview is that they could ask for his SAT scores and indication of how good of a student he is. Basically, he should be able to show that his interest in college is legit and he knows what he would like to study, etc. They might ask him why he is going to that college, etc. There should be no indication that college is just an excuse to go to the US.

Edited May 18, 2017 by Coco8
typo

[Boiler 43,430]

He's not a good student 

 

only option is to have him try to be accepted to the local college

 

we are the family he has left

 

Egypt

 

Does beg the question of affordability?

 

[IslAmy 122]

Thank you everyone for your responses so far. I had forgotten about the lottery, we will put him in it (long shot but never hurts to try) when they start taking submissions again this fall.

 

The primary issue as I see it is he's too old for us to parent but too young/immature to be trusted to make good decisions right now. If he never becomes permanent resident that's ok with us if we could get him here the next few years to keep an eye on him while he finishes school.

 

However as it's been mentioned my husband and I will be financially supporting him and his education which seems to be a big strike against us.

[NigeriaorBust 4,087]

  What about a school there ?   Something where he would also live there ?  You probably could afford a better school than here.

[Jojo92122 1,924]

Sorry, but there is no viable means for you to bring him to the US.  It may be best to provide for schooling and care in Egypt.  Perhaps a trusted friend in Egypt may be able to help him.

 

Since he is not a very good student, the chances of him getting a student visa are also not very good.  Even brilliant students have to pass many hurdles to get student visas.  There is the TOEFL English test.  There is the matter of international student tuition and cost of living which requires the sponsor to have $20,000 to $40,000 for each year of school in the bank before the school will issue an I-20.  There is also the requirement to show a foreign home that the student intends to return to upon completing school.

 

His only viable path is his brother gaining US citizenship and petitioning for him.  Currently, it's taking 13-14 years.

[mrtravel 40]

Too bad your husband or you couldn't have adopted him...... If he was  your husband's child he could have gotten a visa if he was under 21.

I don't know if that is a possibility now though........

[Jojo92122 1,924]

45 minutes ago, mrtravel said:

Too bad your husband or you couldn't have adopted him...... If he was  your husband's child he could have gotten a visa if he was under 21.

I don't know if that is a possibility now though........

Adoption will not work.