Tweet
i am a US citizen and am planning to sponsor my parents for permanent residency here in US.i have a mentally retarded sibling who is dependent on them completely.i have no other family to take care of him there.my father is a canadian citizen and my mother and sibling are indian citizens.all of them live in india.so when i file for I130 for my parents,will my brother get residency automatically or he will have to wait in the quota.if he does have to wait,is there any provision to bring him here while we are awaiting his immigration?
-
-
i am a US citizen and am planning to sponsor my parents for permanent residency here in US.i have a mentally retarded sibling who is dependent on them completely.i have no other family to take care of him there.my father is a canadian citizen and my mother and sibling are indian citizens.all of them live in india.so when i file for I130 for my parents,will my brother get residency automatically or he will have to wait in the quota.if he does have to wait,is there any provision to bring him here while we are awaiting his immigration? -
No. He will not be included in the petitions you file for your parents. You have to file a separate petition for him. Your sibling has to wait about 15 to 20 years for a visa number after you file the petition. The law specifically prevents him from coming to the US during this time. Even after waiting for his priority date to become current, he may be denied a visa if the Consul determines inadmissibility due to metal defect or public charge.Comment
-
surely there has to be a way for him to come here.if something happens to my parents,me and my family cannot give up our US citizenship to look after him.i am his only familyafter my parents.since this will impact on our lives,there has to beaome leeway provided to cases like this.even if marents get US immigration,they cannot come here unless he comes along.i dont think citizens should live elsewhere if such a situation comes.can he get a humanitarian parole?if so when is a time to file?Comment
-
Humanitarian parole? I doubt it.
I think a better choice would be to get your brother to Canada by piggy backing your dad's citizenship. Canada's health system is in the same level with US.Comment
-
Yes there is a way to do this, of course. Include in the application and then file waiver 601, see the further instruction on 601 form part IV. good luck,Its a discussion, not a legal advise..Comment
-
Rama,
The question as to whether your sibling can join your parents's application is determined by his/her own age. He/She certainly can joint if he/she is currently under the age of 21, if not, you must file a seperat petition for him/her and at this point he/she is subjected to the waiting peorid like old man described about an incredibly long time. Here, I am talking about I-130 since they are all abroad, and you have to go through consular processing after I-130 is approved.
Mentally retarded is another issue which will not preclude you from filing I-130 for your sibling, however, indeed, it fits him/her into the category of inadmissible when the consular processing is due. To solve this problem, you must get the waiver granted before his/her interview at american post in india, which might be long after your I-130 filing if your sibling is over 21 as discussed in forgoing paragraph. To battle with CIS on the petition of the waiver, you might as well check INA section 212 that may provide you the filing procedure and necessary information.
Hopefully my information is helpful, and wish you good luck
JComment
-
There are a lot of retards on this site that can help youComment
-
The biggest RETARD of all is the one and only MichaelllllllllllllllllllllllllllComment
-
my sibling is in no way harm to the society.he has the intelligence of a 6yr old.he can do self care activities but cannot fend for himself and needs to be taken care of.this could be proved by any medical exam.once that is cleared,will he get a waiver easily?if so how long?what if my parents I130 is approved before he is granted a waiver?what is the best possible sequence of procedure in this case?canadian immigration is out of question since my father does not work in canada .eventually all the family will move to US so that will be a longer route and probabaly impossible if no one lives in canada.also once you get canadian immigration,you still need a visa to enter US as per the latest rules.Comment
-
Rama--The point is, can and will you support your brother for the rest of his life? Pay for the medical care he needs? Provide him with custodial care? All of which is likely to be much more expensive in the U.S. than in his home country. Or, are you expecting that "the government" will do this for you?Comment
-
E & J
You are incorrect. There is no derivative visa for children of IR5 (parent of a US citizen who is over age 21). Each parent needs a separate petition. Each sibling needs a separate petition. Visas are immediately available to parents of US citizens, but siblings of USCs have a 15-20 year wait for the visa chargeability date. The sibling is not included in the parent's visa application. It does not matter if the sibling is under age 21; they are family fourth preference no matter their age or marital status.
Rama
Yes there is a way for him to come here. But, based on your petition, he has to wait for a fourth preference visa. After your parents get LPR status, they can file a petition for him. That would be a family second preference visa with a five to ten year wait. Your parents could naturalize after five years of LPR status and then their petitions would be first preference for children over 21 or IR for children under 21.Comment
-
Old Man--Do the methods you mention get around the issue of excludability?
A waiver of excludability specifically mentioning mental retardation is at the Dept. of Justice website:
http://uscis.gov/graphics/formsfee/f...iles/i-601.pdfComment
-
Rama
QUOTE"canadian immigration is out of question since my father does not work in canada .eventually all the family will move to US so that will be a longer route and probabaly impossible if no one lives in canada.also once you get canadian immigration,you still need a visa to enter US as per the latest rules."
You said your father is a canadian citizen. What does his working or not working in Canada have to do with anything????? it has no relevance. Father petitions for his family to come to his country of citizenship. Would not your brother have canadian citizenship by birth from father?? If all else would fail your brother would obtain from canada visa for 6 month incredments to "visit" until solution is obtained. at least to keep family unit perserved.
Where is Moondin when you need him.Comment
-
my brother's canadian immigration was denied stating that my father is unemployed and does not live in canada so we dont expect to refile the case.besides,as i stated earlier,we will still need a visa for him to come to US.so canada is out of question when the ultimate aim is that i need to take care of him here in US.does US expect citizens to move to another place in such a situation,i dont think so.my entire family are citizens and i have a depndent sibling ,so ther has to be an alternative.my sibling cannot be dumped without any support.i ask the question again,what are the methods since i do understand that standard procedure needs him to wait for 14yrs.but if my parents get it then they cannot come here without him and in that case ,they will lose residency and will not be able to file for my sibling either.it is a catch 22.i hope you nderstand the point in this caseComment
Comment