Mom sick, me legal resident want to bring her here the fastest

[Hildlove 0]

I have two more question, regarding becoming US Citizen, how early can I start the application processes for citizenship do I need to provide income taxes and if the answer is yes, do I need to past poverty line. What are the requirements to apply

Thank you again.

[kzielu 1,149]

90 days from either 3 or 5 years since you became permanent resident - depending on which one applies to you. Proof of filing taxes is required, meeting poverty levels - no.

[Boiler 45,809]

You need to think how you would pay for her treatment, these sort of costs would bankrupt most people.

[Brother Hesekiel 2,236]

Even if you become a US citizen and can petition for your mom, unless you have the money or proof of insurance to pay for her medical treatment, potentially for the rest of her natural life, she will not get an immigrant visa to the United States. Here's the law for that:

Age and Health of Prospective Immigrant

Both USCIS and Department of State are required to consider the immigrant's age, health, and ability to support themselves when making the public charge determination. This requirement is based on INA section 212(a)(4)(B):

Factors to be taken into account.- (i) In determining whether an alien is excludable under this paragraph, the consular officer or the Attorney General shall at a minimum consider the alien's-

(I) age;

(II) health;

(III) family status;

(IV) assets, resources, and financial status; and

(V) education and skills

Only after considering these things, will DHS or DoS consider the affidavit of support:

(ii) In addition to the factors under clause (i), the consular officer or the Attorney General may also consider any affidavit of support under section 213A for purposes of exclusion under this paragraph.

Both the Adjudicators Field Manual (DHS) and Foreign Affairs Manual (DoS) refer to the "totality of circumstances", and specifically refer to INA 212(a)(4)(B). Some specific references in the Foreign Affairs Manual:

9 FAM 40.41 N4.3 Family Status

You should consider the marital status of the applicant and, if married, the number of dependents for whom he or she would have financial responsibility.

9 FAM 40.41 N4.4 Applicant's Age

You should consider the age of the applicant. If the applicant is under the age of 16, he or she will need the support of a sponsor. If the applicant is 16 years of age or older, you should consider what skills the applicant has to make him or her employable in the United States.

9 FAM 40.41 N4.5 Education and Work Experience

You should review the applicant's education and work experience to determine if these are compatible with the duties of the applicant's job offer (if any). You should consider the applicant's skills, length of employment, and frequency of job changes. Even if a job offer is not required, you should assess the likelihood of the alien's ability to become or remain self-sufficient, if necessary, within a reasonable time after entry into the United States. (See 9 FAM 40.41 N4.7.)

9 FAM 40.41 N4.6-1 Aliens Subject to INA 212(a)(4)©/(D)

An alien who must have Form I-864, Affidavit of Support Under Section 213(A) of the Act, will generally not need to have extensive personal resources available unless considerations of health, age, skills, etc., suggest that the likelihood of his or her ever becoming self-supporting is marginal at best. In such cases, of course, the degree of support that the applicant will be able and likely to provide becomes more important than in the average case.

In plain English, the consulate needs to make sure that your mom will NOT become a financial burden on the American people. Since she has a serious pre-existing condition, they can assume that she will need medical treatment, that she can't work at least 10 years of full time and pay into the system, so she would get no retirement money either. In short, they would want you to prove to them that you have enough money to take care of your mom for as long as she lives. Proof, not a promise.