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betty boop

US immigration rules about petitioning an adult daughter with disability.

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Hi. Both my parents, my siblings and I are USC. I have an older sister who is 36 y.o with disability and is still residing in the Philippines. My question is, can my parents still petition my sister even if she has disability? She is deaf & mute and has disability in a way that she think and act like a 7 year old kid. I believe that we can properly take care of her here than my relatives in the Philippines. My sister is a nurse & i'm a year away from getting my BSN. She will not be in anyway be a liability because we can take care of her.

I know that parents can only petition their children that are below 21 year old. Is there an exception to this rule especially when the child has disability?

I would greatly appreciate your sound advice.

03/12/13 - filed I-130

08/01/13 - Approval Notice (Priority date: 03/14/2013)

09/05/13 - got NVC case #

10/12/13 - DS-261 online

10/14/13 - paid AOS online

10/18/13 - IV fee paid online

10/24/13 - submitted DS-260 online

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Hi. Both my parents, my siblings and I are USC. I have an older sister who is 36 y.o with disability and is still residing in the Philippines. My question is, can my parents still petition my sister even if she has disability? She is deaf & mute and has disability in a way that she think and act like a 7 year old kid. I believe that we can properly take care of her here than my relatives in the Philippines. My sister is a nurse & i'm a year away from getting my BSN. She will not be in anyway be a liability because we can take care of her.

I know that parents can only petition their children that are below 21 year old. Is there an exception to this rule especially when the child has disability?

I would greatly appreciate your sound advice.

They can petition their unmarried daughter - she'll have to pass the medical exam like every other immigrant. It's F1 visa category. The wait time is long - currently they are working on visa numbers for PD from 1995.

No exception based on medical conditions.

ROC 2009
Naturalization 2010

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F1 Visa is a student visa. I dont think it would work for my older sister.

Edited by betty boop

03/12/13 - filed I-130

08/01/13 - Approval Notice (Priority date: 03/14/2013)

09/05/13 - got NVC case #

10/12/13 - DS-261 online

10/14/13 - paid AOS online

10/18/13 - IV fee paid online

10/24/13 - submitted DS-260 online

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Filed: Citizen (apr) Country: Colombia
Timeline

F1 is the visa catergory for unmarried children over 21. means Family first preference :D

First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference

See here Visa List

Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


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Filed: Other Timeline

Aside from the 15-year wait, you'll have to figure out how to get medical insurance for her that you can afford. Then again, who knows what the situation will be like in 2025 when Sarah Palin's daughter Bristol is President . . .

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: AOS (apr) Country: Jamaica
Timeline

It took one year from my country to immigrate someone to the us who is over 21 as long as its your parents who petition for her it will not be long, they will have to do an I130 fist then wait on nvc to process it and that took my friend 4 mths to here from them, then the process started rolling and her son was her in 11 mths 2wks

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Filed: AOS (apr) Country: Jamaica
Timeline

you are right f1 is student, go ahead and do your sister paper work under your parents name, and her medical condition will not affect the process my friend son is a disable person two, and as you are saying you and your other sibling is willing and able to take care of her so I am not seeing a problem, however when she is ready to go for her interview to pick up her visa in your country make sure your parents are there. YOU OR YOUR SISTER DO NOT FILE THE PETITION LET YOUR PARENTS DO IT, OR SHE WILL NEVER GET HERE, but both of you can be the cosponser of the affidavit, just to reassure the government that she will not become publick charge.

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you are right f1 is student, go ahead and do your sister paper work under your parents name, and her medical condition will not affect the process my friend son is a disable person two, and as you are saying you and your other sibling is willing and able to take care of her so I am not seeing a problem, however when she is ready to go for her interview to pick up her visa in your country make sure your parents are there. YOU OR YOUR SISTER DO NOT FILE THE PETITION LET YOUR PARENTS DO IT, OR SHE WILL NEVER GET HERE, but both of you can be the cosponser of the affidavit, just to reassure the government that she will not become publick charge.

You are wrong, F1 is family based visa 1st preference category - please look up the link provided couple of posts up.

It was already advised to the OP that the parents can file for their child - that's why it was given as F1 and not F4 category (sibling petition).

ROC 2009
Naturalization 2010

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you are right f1 is student, go ahead and do your sister paper work under your parents name, and her medical condition will not affect the process my friend son is a disable person two, and as you are saying you and your other sibling is willing and able to take care of her so I am not seeing a problem, however when she is ready to go for her interview to pick up her visa in your country make sure your parents are there. YOU OR YOUR SISTER DO NOT FILE THE PETITION LET YOUR PARENTS DO IT, OR SHE WILL NEVER GET HERE, but both of you can be the cosponser of the affidavit, just to reassure the government that she will not become publick charge.

H.M.L you cannot apply the process of how things are done in other countries to the Phillipines. Those who have answered before you, have answered the questions correctly based on what the timeframe and guidelines are for the OP'country, the Phillipines. Also, an F1 for a visa type is a student, but they poster were telling the OP what status her sister falls under and the category status of F1, F2, F3 and F4 stands for something entirely different. So, now you have totaly re-confused the OP.

Edited by LIFE'SJOURNEY
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Filed: Citizen (apr) Country: Argentina
Timeline

H.M.L you cannot apply the process of how things are done in other countries to the Phillipines. Those who have answered before you, have answered the questions correctly based on what the timeframe and guidelines are for the OP'country, the Phillipines. Also, an F1 for a visa type is a student, but they poster were telling the OP what status her sister falls under and the category status of F1, F2, F3 and F4 stands for something entirely different. So, now you have totaly re-confused the OP.

ditto,

F1, F2, F3, F4 mean Family-based petitions under the different categories on the visa bulletin

his sister would fall under the category F1, meaning unmarried children of a USC over 21, and for the country of the OP, it takes a very long waiting time.

nothing to do with a student visa.

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  • 3 weeks later...

Thank you for all the informations. Its well appreciated.

03/12/13 - filed I-130

08/01/13 - Approval Notice (Priority date: 03/14/2013)

09/05/13 - got NVC case #

10/12/13 - DS-261 online

10/14/13 - paid AOS online

10/18/13 - IV fee paid online

10/24/13 - submitted DS-260 online

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