Do I need to attach an income tax return if I didn’t file my tax return since I’m still dependent to my older brother?

When an adult U.S. citizen sponsors a parent in the adjustment of status application process, the U.S. citizen must file an Affidavit of Support regardless of his/her income or history of filing tax returns. If the U.S. citizen does not have sufficient documentable income (as would be the case where that person was not required to file a tax return), then it would be necessary to have a joint sponsor as part of the application process; the joint sponsor would need to provide an Affidavit of Support too, and would need to provide documentary evidence of sufficient income to meet the legal requirements for the applicable family size. Generally a joint sponsor may be any U.S. citizen or Permanent Resident who has sufficient documentable income and who is willing to assume the responsibilities contemplated in the Affidavit of Support. In the application process it may be necessary to show the USCIS that the petitioning U.S. citizen did not file a tax return because he/she had insufficient income to be required to file the tax return. It would be wise for your family to consult with an immigration attorney who, after learning all of the relevant information, would be able to advise about eligibilities, options and strategies and would be able to offer legal representation in the often complex application process.