Derivative beneficiary is Down Syndrome

[NKFK 0]

I am the Petitioner US Citizen filed for my sister under F4 category.

My nephew is a down syndrome and crossed the age of 21

but he is still totally depended on my sister.

She got the letter from USCIS or NVC that Cutoff dates approached for her case and she can now apply for visa.. is it possible that her child can accompany with her..

Please advice - Thanks

[teeak 224]

Here's a CSPA calculator. http://cspasolution.com/

You can use it to see if your nephew is still eligible. If you login to the ceac portal, check to see if your nephew's name is there. If it isn't, and based on the CSPA calculator, you believe he is still eligible, then you can write to NVC with an explanation as to why he is still eligible and they will review it and render a decision. You can also include information about him being dependent on your sister.

[Ash.1101 1,756]

This one might be kind of awkward tbqh, does your sister have legal guardianship of him? Taking care of him, in the eyes of the law isn't legal guardianship. But if she can obtain legal guardianship (which yes, you can do after the age of 18) and prove that he is dependent along with A LOT of proof then you MAY be able to convince them to let them both in here. It's actually fairly difficult to prove disability in america for special needs for some reason. People -clearly- mentally impaired have been denied before only to appeal 2 more times and get approved.

In the US, at least, a child that is incapable of being aware of their own actions and such, can have their own guardianship revoked and given back to the parent. At 18 you're treated like an adult, but for those who could get into some trouble because of their disorder can still be protected by not being legally liable, in this case, after doing all the papers and proceedings, the parent remains their legal guardian as they were pre-18, for ever or until they decide it's unneeded.

It -could- help the case if she's his legal guardian by law and not by word.

But remember, he can't get any medical or anything like that through the government. Make sure that your sister and/or who ever is sponsoring can afford to take care of him. If he's dependent on her now post-21 then he'll most likely ALWAYS be dependent, if he could live independently, then chances are he may not be able to come with. It's not cheap here, especially with a child/adult child with special needs.

I'm American and even to get my daughter in a community home in the future if I choose too (She's only 7 now but is disabled via government standards, and in special education in school, she's about 3-4 years in communication and developmentally), there's a 10 year wait list for it in my city, and that's not including any fees and what not that would have to be paid. That's all assuming in 10 years she's independent enough to live in community housing and that I could afford it.

Special needs and America is a hot topic right now, it's... just not what it should be.



I would highly recommend talking to an attorney.

I don't believe that there are laws in place for adult children with special needs. I think they treat it flat across the board, it may be a fight and it may be a fight you'll want with an attorney for sure. This is a special case for sure, and honestly it's hard enough to prove when an American is disabled, I'm sure they'll make it even harder for this.

Edited September 19, 2015 by Ash.1101

[jan22 3,064]

Unfortunately, if he does not benefit from CSPA, there s no way he can immigrate with her. Spending money on a lawyer will not help. US immigration law does not contain special criteria for disabled -- they must meet the same requirements other applicants do. That includes age and they fall under the same criteria for proving they won't be a public charge, especially difficult in this case, since he's too old for public school, so will have no entrance into programs that might help him. It was once "explained" to me -- somewhat harshly and condescendingly -- that since immigration is a choice, nobody has to choose to move here, so if they do, then they should meet the requirements and not expect special considerations.

[Ash.1101 1,756]

Yeah, I figured it was flat across the board but wasn't sure. Like I did say, America and special needs is very much a work in progress, while it sucks that he can't be brought in, I'm not really surprised.

Point up for you! I learned something new!


Good luck to the OP though, this is going to be a very hard situation, and I wish ya'll the best of luck in what ever paths you choose.