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Thread: Question if you're the disabled son of a naturalized US citizen...

  1. #1
    If he's over 21 and developmentally-disabled...is there any way to prevent him from aging out so that he can get an immediate visa number?

  2. #2
    If he's over 21 and developmentally-disabled...is there any way to prevent him from aging out so that he can get an immediate visa number?

  3. #3
    Hi lili12345 and welcome to ILW

    I just wanted to bring this up to the top hoping someone could answer this for you.
    -----------------------------------------------------------------------------------------------
    God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

    National Domestic Violence Hotline:
    1.800.799.SAFE (7233) 1.800.787.

  4. #4
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by lili12345:
    If he's over 21 and developmentally-disabled...is there any way to prevent him from aging out so that he can get an immediate visa number? </div></BLOCKQUOTE>

    I think a little more information about the situation would be helpful. Who is the petitioner? A USC?

  5. #5
    Here's more information on the issue - hopefully someone can help me. The person I'm speaking about is the 31 year old unmarried son of a person who just became a US citizen. He is developmentally-disabled. Even though he is 31 years old chronologically, he is 5 years old mentally.

    I know that unmarried sons and daughters of US citizens who are under 21 years old get immediate visas. I am wondering if, even though he is 31, he would qualify under this classification because he is really not 31, but 5 - he is dependent on his US citizen parent and cannot fend for himself - which I think was the congressional intent when that classification was created to begin with. Does this make sense? Can he be helped?

  6. #6
    Is the person in question here in the USA or not? There is something called Humanitarian Parole which is a visa specially for these kinds of situations but as it says, the applicant must be outside the USA to apply:

    Humanitarian Parole

    Also had an application for PR ever been filed on his behalf before, ie. when he was under 21? If so the CSPA law may well cover it:

    CSPA age out

    Although that link is pulled off the US Vietnam Consulate website, the law applies to all countries.
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  7. #7
    Thank you Brit4064. I don't think he would qualify for the Humanitarian Parole then because he resides in the US with his US citizen father and his permanent resident mother.

    However, they did apply for his residency before, but were denied because there was no visa number available for him apparently. I'll check on the CSPA.

  8. #8
    Member
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    Unfortunately, there is no way for this 31 year old to get his immigrant visa number under immediate relative category because immigration laws clearly state who are considered to be as immediate relatives of a US citizen.

    The only hope I could see for him getting an immigration status right away is thru a Private Bill, which is so hard anyway. For that, parents must need to make a very compelling and compassionate case to their congresspeople. And if congressperson does agree to introduce such a Bill in the Congress for this 31 years old then it would need the required votes in the Congress to be passed...and then President's signature.

    I personally don't think any Congressperson would introduce a Private Bill in this situation because they know that millions of people would hammered them who have their disabled loved-one waiting for visa number to be available for years.

    Most people in this situation either choose to stay at abroad with their disabled loved ones until a visa number becomes, or hire someone else to take care of their loved one in their absense if they cannot live away from the US.

    Good luck...


    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by lili12345:
    If he's over 21 and developmentally-disabled...is there any way to prevent him from aging out so that he can get an immediate visa number? </div></BLOCKQUOTE>

  9. #9
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by lili12345:
    ... with his US citizen father and his permanent resident mother.

    However, they did apply for his residency before, but were denied because there was no visa number available for him apparently. I'll check on the CSPA. </div></BLOCKQUOTE>

    Lili, do you know the details about the case? When did they enter the USA and what was their status? Based on what and when did the parents get GC? Who petitioned for the son and when?

    You are saying they got a denial for I-485 for the son. What about I-130? Has that been approved? If yes, when?

    I know, that's a lot of questions, but it may help to give you the best recommendations...

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