Please help- LPR wants to bring child

[noway123456 1]

Hi everyone,

If someone could please help me I would greatly appreciate it. My mother-in-law who just became an LPR wants to bring her disabled daughter to the USA. However, the problem is that her birthdate is March 11, 1994.... making her 20. She would turn 21 in 3 months. So does that mean she will "age out" and no longer be considered a minor that has to wait between 2-5 years? Will she move into the 21 and over category even though she wants to file for her daughter before she turns 21?

If she does become considered as the 21 and over will she have to wait the average 10 years?

[Boiler 45,522]

No way of knowing for certain how long the wait will be, if your MIL is intending to apply for Citizenship then it should speed up a bit.

Now the practicality of bring a Disabled Person to the US is another issue.

This question seems very familiar, did you ask it before?

[Ian H. 207]

She would age out into the F2B category, which is about 7 to 8 years for the PD to become current. If mom becomes a USC, may not make a difference, right now F2B PD's are ahead of F1. She should petition for her as soon as she can so that the process can be underway. She should also remain unmarried while mom is an LPR, otherwise the petition would be revoked.

[noway123456 1]

No way of knowing for certain how long the wait will be, if your MIL is intending to apply for Citizenship then it should speed up a bit.

Now the practicality of bring a Disabled Person to the US is another issue.

This question seems very familiar, did you ask it before?

Hi! I have but for some reason when I checked "my content" all of my old posts were missing! And thank you for your answer. Would being disabled be used negatively against her?

She would age out into the F2B category, which is about 7 to 8 years for the PD to become current. If mom becomes a USC, may not make a difference, right now F2B PD's are ahead of F1. She should petition for her as soon as she can so that the process can be underway. She should also remain unmarried while mom is an LPR, otherwise the petition would be revoked.

Thank you so much! So your advice is to just start the process right away because even though she will fall out of the F2A we might as well just start/

[Ian H. 207]

Yes, because the earlier the PD the earlier it will be reached. It reminds me of my cousin who didn't want to get petitioned by her LPR mom because she didn't like that it takes so long. This was back in 2006, and all I know is that 2006 PD's have been current for quite some time now, but since she wasn't petitioned she regretted it later and has a PD of 2013 when she finally let her mom petition her.

If her mom is an LPR already, then she can petition for her right away, there is no minimum time for her to be an LPR in order to file the petition. She also doesn't need to work in order to file the petition, this is all needed when the time comes for the NVC process which won't be until the PD is current.

I don't know how the disability affects the immigration process, I would guess maybe on public charge grounds.

[Boiler 45,522]

Depends on the Disability, may be a Public charge issue.

Presumably it is not that bad for her Mother to leave her.