brother of USC got approved

[45495 1]

hello everybody,

my MIL (USC) petitioned for her brother about 25 years ago, and they just got approved.

so he`ll receive a greencard for himself, wife and their under-aged children. The problem is, they have a 30 y old son who has down syndrome and cant live on his own.

this was never mentioned on the petition. Would it make a difference or would it make things even more difficult? are ther any options?

thanks in advance.

[TayRivers 4]

hello everybody,

my MIL (USC) petitioned for her brother about 25 years ago, and they just got approved.

so he`ll receive a greencard for himself, wife and their under-aged children. The problem is, they have a 30 y old son who has down syndrome and cant live on his own.

this was never mentioned on the petition. Would it make a difference or would it make things even more difficult? are ther any options?

thanks in advance.

Once his parents get their greencards they can file for him as Unmarried Child over 21 of LPR there is a long wait for a visa so he would need to live outside the USA until a visa became available for him. There is no way he can come with his parents, he needs a visa of his own.

[aaron2020 11,651]

Your MIL and her brother needs to consult an immigration lawyer. The father getting an approved I-130 for his son is only the first step. There is a medical exam and a test that the immigrant is unlikely to become a public charge. So the son may not get to immigrate even if the I-130 is approved. These are some of the issues that may come up and I don't have any answers for them. So, please see an immigration lawyer to get some answers.

Best of luck to your MIL, her brother, and the son.

[45495 1]

hello everybody,

my MIL (USC) petitioned for her brother about 25 years ago, and they just got approved.

so he`ll receive a greencard for himself, wife and their under-aged children. The problem is, they have a 30 y old son who has down syndrome and cant live on his own.

this was never mentioned on the petition. Would it make a difference or would it make things even more difficult? are ther any options?

thanks in advance.

Once his parents get their greencards they can file for him as Unmarried Child over 21 of LPR there is a long wait for a visa so he would need to live outside the USA until a visa became available for him. There is no way he can come with his parents, he needs a visa of his own.

Your MIL and her brother needs to consult an immigration lawyer. The father getting an approved I-130 for his son is only the first step. There is a medical exam and a test that the immigrant is unlikely to become a public charge. So the son may not get to immigrate even if the I-130 is approved. These are some of the issues that may come up and I don't have any answers for them. So, please see an immigration lawyer to get some answers.

Best of luck to your MIL, her brother, and the son.

thanks for taking the time to answer. My MIL is talking to a lawyer.

thank you.