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245I HELP?????

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  • 245I HELP?????

    My son was born physically disabled (cerebral palsy). He his wheel-chaired bound and is totally dependent on us. He speaks and understands everything. He went to High School here,and got his Diploma and Certificates. That's why when me and my wife came here in 1992, for my son's operation and came with B-2 visas medical visa. By the doctor letters our visa had continued for three and half years, and temporary work permit for two years only. Then we tried to change our status, but that didn't work out We got a letter from INS saying that had they had CLOSE our case. We all three have SSN.

    My employer filed for LC in 01 and approved in 06. In Feb 06 filed for I140. Although my son name is on I140 file, but I do not know if he will be able change to what status. Due to backlog with the Labor Dept, my son is now 22. So my son can not file for I485 with me. He also can not file for PERM because he is disabled. Though he is very good at computers but who would hire a disabled person. If you please could answer or give any advices to my questions that would be great!!!!

    1 What are the chances for me and my wife of getting the approved of I140 and I485 in a case like mine??
    2 Do you have any idea for my son????

  • #2
    My son was born physically disabled (cerebral palsy). He his wheel-chaired bound and is totally dependent on us. He speaks and understands everything. He went to High School here,and got his Diploma and Certificates. That's why when me and my wife came here in 1992, for my son's operation and came with B-2 visas medical visa. By the doctor letters our visa had continued for three and half years, and temporary work permit for two years only. Then we tried to change our status, but that didn't work out We got a letter from INS saying that had they had CLOSE our case. We all three have SSN.

    My employer filed for LC in 01 and approved in 06. In Feb 06 filed for I140. Although my son name is on I140 file, but I do not know if he will be able change to what status. Due to backlog with the Labor Dept, my son is now 22. So my son can not file for I485 with me. He also can not file for PERM because he is disabled. Though he is very good at computers but who would hire a disabled person. If you please could answer or give any advices to my questions that would be great!!!!

    1 What are the chances for me and my wife of getting the approved of I140 and I485 in a case like mine??
    2 Do you have any idea for my son????

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    • #3
      I would think that if your case is approved you can file a waiver for your son saying that he cannot survive without you. Also, what country are you from? You might be able to file political asymlum for your son. If you are form a third world country, then you might be able to argue that your son wont survive if sent back home. You should surely contact a attorney in this matter.

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