Advice petition mother

[anagd3 0]

I need an advice my mom had applied for tourist visa 3 times and it was denied- reason I am an only child so the consul in Colombia said she is more likely to stay in USA - anyway she owns a house , used to work and lives with my step father ( they are not married ) long story short ... I sent her paperwork to USCIS dec 29-11 ans she suffered a ruptured aneurysm dec-31-11. She was in ICU for 3 weeks now she is at home can walk but her communication is difficult - she can understand but she can not talk that well -

Should I stoped the process ? Any advice?

[JimVaPhuong 4,863]

I need an advice my mom had applied for tourist visa 3 times and it was denied- reason I am an only child so the consul in Colombia said she is more likely to stay in USA - anyway she owns a house , used to work and lives with my step father ( they are not married ) long story short ... I sent her paperwork to USCIS dec 29-11 ans she suffered a ruptured aneurysm dec-31-11. She was in ICU for 3 weeks now she is at home can walk but her communication is difficult - she can understand but she can not talk that well -

Should I stoped the process ? Any advice?

Do you still want her to immigrate to the US? What's going to happen to your step father? (How is he your step father if they're not married?) Is she going to need full-time assistance? Can you provide that assistance? Can you afford medical insurance for her?

Nobody can answer these questions for you. You need to consider the factors above, and any other factors you think are relevant, and decide if you still think it's a good idea for her to immigrate. If you decide that it's not then withdraw the petition. DO NOT proceed with an immigrant visa petition if your only intention is for her to come and visit you in the US.

[stefan y karen 23]

God Bless Her. I will keep her in my prayers.

[anagd3 0]

Well I am Planning to bring my step father but for that I need an attorney . She will not need assistance her only problem now is speech ( aphasia ). I can provide insurance for her here. I want her with me because I am her only child so when she gets older I can take care of her. My question basically is if it will be any posibility that they denied the visa because her recent change in her life.

@Estefan y Karen : thank you we need those prayers!

[aaron2020 11,651]

Well I am Planning to bring my step father but for that I need an attorney . She will not need assistance her only problem now is speech ( aphasia ). I can provide insurance for her here. I want her with me because I am her only child so when she gets older I can take care of her. My question basically is if it will be any posibility that they denied the visa because her recent change in her life.

@Estefan y Karen : thank you we need those prayers!

Yes, an immigration visa could be denied to her if her health condition prevents her from supporting herself in the US. We on this forum have no idea what your mother's future condition will be. You can assess whether she will be able to support herself in the US. If she is going to be dependent upon you, then you will need to provide evidence that she will not likely become a public charge. This is your responsibility to do in trying to obtain an immigration visa for her.

No attorney can help you with bringing your "stepfather" to the US. He has no legal relationship to you, so you cannot petition for him. Since you are over 18 years old, you cannot petition for him even if he marries your mother. On what basis are you planning on bringing him over?

If your mother is successful in immigration to the US, she cannot petition for him either since they are not legally married. If they marry, she could file for him as her husband. However, it takes 2-3 years for an LPR to petition for a spouse. That would mean 2-3 years while your mom must reside in the US to maintain her LPR status, and her legal husband living in Columbia.

[anagd3 0]

Thank you Aaron for the response. It is seems so uncertain the future now.

[JimVaPhuong 4,863]

Aaron is correct. Just to provide a little more perspective on the "public charge" determination...

The consular officer receives guidance on making this determination from section 40.41 of the Foreign Affairs Manual. You can find and read the relevant section of the FAM here:

http://www.state.gov/m/a/dir/regs/fam/09fam/index.htm

There are three PDF files. The first describes the relevant sections of the immigration law. The second, called "Notes" deals with specific things the consular officer is supposed to consider. The third, called "Procedural Notes" deals with procedural issues like affidavits of support.

To summarize, the consular officer is supposed to first consider the intending immigrant, and then second consider if a sufficient affidavit of support has been submitted as required by law. When considering the intending immigrant the consular officer is supposed to make a "determination of the likelihood that the applicant will become a public charge on a reasonable future projection of the alien's present circumstances". Section 40.41 N4 describes what things, at a minimum, the consular officer is required to consider. These are the alien's:

(1) Age;

(2) Health;

(3) Family status;

(4) Assets;

(5) Financial status and resources; and

(6) Education or skills.

These things are weighed to determine if the alien can support themselves now, and will likely be able to support themselves in the future. As the likelihood of the alien being able to support themselves decreases, the importance of a sufficient sponsor increases. Based on the above criteria, would a consular officer conclude that your mother cannot now support herself, and will likely never be able to support herself? If so then they will want compelling evidence from you to show that you will be able to support her entirely and indefinitely, without her having to resort to using any means tested public benefits in the US.

Now, to throw a little reality on this subject, visas for parents are rarely denied for the "public charge" determination unless the intending immigrant has serious long term health issues, and the sponsoring son or daughter barely qualifies as a sufficient sponsor.

[anagd3 0]

Thanks Jim for this accurate information . She has enough assets and we can support her too. Her brain thank Gid still works and she knows that her speech is not the same. Hopefuly with more speech therapy she can succeed at the interview .

[Boiler 45,553]

How do you know she can obtain insurance?

They may ask for such evidence.

[Mononoke28 135]

The thing is, no one here really knows what may happen, we can only speculate. I say she should still go to the interview, the worst thing that can happen is for her to be denied, that's all. But go and see what happens, be prepared to answer all kinds of questions regarding her health and all scenarios that may come up during the interview, if you can go with her to explain further on how you can support her or how you can prove that it won't be a problem once she gets here, then go, but don't cancel all the work you've already put into her application and process thinking that she may be denied, because she may not.

Good luck and I hope your mother has a speedy recovery.

Diana