Sister with Down Syndrome of US Citizen

[aaron2020 11,651]

thanks for the quick reply. this is going to be a rough journey. But the route you pointed out will have to be highly considered!!!

The route that Apple21 has pointed out is the way most people who have a young sibling and parents deal with immigration and child care.

A 6 year old with Downs is no different from a child without a medical condition. Both needs care, so having a medical need does not make the child special for immigration.

There is no disable category and nothing a congressman can do.

[aaron2020 11,651]

I really hope that you can get your sister here asap. I also have a sister with downs. I think there should be some special spot for a sister who is handicapped. She obviously can't be left alone!

What's the difference beyween a 6 years old with Downs and a regular 6 years old? Don't both need care? Neither can be left alone. So a handicap does not matter in seeking an immigration benefit.

[Brother Hesekiel 2,236]

Your sister is an F4. But even if one of your parents petitions for her when the time comes, there is a HUGE question mark on whether she will be allowed to immigrate, based on her medical condition. If your sister will unlikely be able to work full time, pay into SS and become a productive member of society, the Affidavit of Support becomes secondary in nature and the sponsor basically has to prove that he or she can financially take care of the intending immigrant 'til the day she dies. We are talking millions of dollars here.

Law:

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 affiant will be able and likely to provide becomes more important than in the average case.

[Boiler 45,809]

I was thinking the same, presumably you must have significant resources to pay for her care in the US.

[NikLR 13,231]

What's the difference beyween a 6 years old with Downs and a regular 6 years old? Don't both need care? Neither can be left alone. So a handicap does not matter in seeking an immigration benefit.

A child with downs may need more specialized care. They often need tubes in their ears to hear properly and may have some medical concerns that a normal 6 year old doesn't have. Excuse me, I have an older sister with Down Syndrome so it's not like I don't have experience with it. Depending on the severity of the downs makes it difficult to know exactly how much or little care the child needs. Neither can be left alone, I agree. I happen to think that if BOTH parents are immigrating and have a minor child that child should have a special spot and more so if they're a handicapped child that may require more specialized care, teachers, etc. However if there isn't, then there isn't and obviously at least one parent needs to stay behind.

Edited March 4, 2013 by NikiR

[Boiler 45,809]

Or both.

[NikLR 13,231]

Or both.

yep