Petition rejected based on Age of the beneficiary

[World Traveller 4]

Hi,

 

I am a US citizen. I had filed Permanent Residency petition for my parents. My father is 81 and my mother is 72. They had an interview last week. My mother got approved but my father got rejected. Meaning. They asked us to give them 3 things for them to reconsider his case. 1. Long term Medical Insurance quote that will cover him in US 2. A written statement from sponsor that he/she will cover all medical expenses of the beneficiary 3. Evidance of the ability to pay such medical insurance premium and medical cost.

 

I had submitted all my financial document along with I864. I am way above the poverty limit. I am not sure why they need more information. Has anyone faced this situation? How did you handle it? Should we hire an immigration lawyer? Is it worth it? What kind of additional information to be sent? My Brother is also a US Citizen. But he didn't co-sponsor since I was above the poverty limit. Should We include his financial documents when we reply?

 

Any information will be very helpful? more the better. Thanks in advance

 

S

[Jojo92122 1,924]

They need more information because at your father's age, he is likely to need medical care.  Very expensive medical care that he needs to show he can pay for because he is a likely public charge.  US taxpayers are not responsible for paying his health care costs.  He needs to show he can pay for them, and that is why he needs to show he can pay for long term medical insurance.

 

Many people have faced this situation with petitioning an elderly parent.  Because of the likely medical costs for an elderly parent, many people choose not to petition their parents.

 

You should handle this by complying with what the US Embassy asked for.

 

IMHO, hiring an immigration lawyer is not worth it if you can comply with getting the paperwork for 1, 2, and 3.  A lawyer will only ask you to get the paperwork so he/she can turn it in for you.  Up to you to consider hiring a lawyer if you don't think you can get them the documents they need.

 

They told you what additional paperwork they want, so give them what they want without overthinking it.  1. Long term Medical Insurance quote that will cover him in US 2. A written statement from sponsor that he/she will cover all medical expenses of the beneficiary 3. Evidance of the ability to pay such medical insurance premium and medical cost.

 

Including your brother's financials is not what the embassy is looking for.  The US Embassy has literally told you what they want, # 1, 2, and 3.  Don't know why you are confused.

 

1.  Get a quote for long term medical insurance for your dad.

2.  You write a statement saying you will cover all his medical expenses.

3.  Show you have the financial means to pay the insurance premium.

 

That's it.  Very simple.  Give the US Embassy exactly what they asked for.  Nothing else.  Just those 3 things.

Edited July 1, 2018 by Jojo92122

[WeGuyGal 1,052]

6 minutes ago, World Traveller said:

 

I am a US citizen. I had filed Permanent Residency petition for my parents. My father is 81 and my mother is 72. They had an interview last week. My mother got approved but my father got rejected. Meaning. They asked us to give them 3 things for them to reconsider his case. 1. Long term Medical Insurance quote that will cover him in US 2. A written statement from sponsor that he/she will cover all medical expenses of the beneficiary 3. Evidance of the ability to pay such medical insurance premium and medical cost.

 

I had submitted all my financial document along with I864. I am way above the poverty limit. I am not sure why they need more information. Has anyone faced this situation? How did you handle it? Should we hire an immigration lawyer? Is it worth it? What kind of additional information to be sent? My Brother is also a US Citizen. But he didn't co-sponsor since I was above the poverty limit. Should We include his financial documents when we reply?

 

Any information will be very helpful? more the better. Thanks in advance

 

Easy.. you know exactly what they asked for, give them exactly what they asked for. 

 

US medical costs are not exactly cheap. There have been recent instances of elderly immigrants applying for US taxpayer-funded as soon as they reach the US. This is to protect against that. 

[belinda63 2,993]

You will need to contact several insurance companies and obtain quotes for medical insurance for your father, in writing. Then you will need to prove you have sufficient income above the poverty level to pay the premiums and any deductible the insurance has. A written statement that you will pay for all medical expenses your father incurs beyond what the insurance covers.

[Crazy Cat 40,638]

Hiring an attorney will achieve nothing.  You would still be required to submit what they want. As others have said, medical care and medical insurance are expensive.  It isn't a matter of IF they will need care, but it is a matter of WHEN.......this requirement for documentation serves 2 purposes: (1.)  You are fully aware of the high cost of medical care for your parents, and (2.) You are fully aware that YOU are 100% responsible for the costs involved.

 

Good Luck.

[Boiler 44,308]

My Parents were reasonably comfortable off  but elderly and elderly = medical expenses, health care costs, no way could they afford to move to the US, so being comfortably above the Poverty Line for immigration is pretty meaningless. 

 

What did they show in the way of their own resources, savings, pensions property they were selling?

[Unlockable 7,309]

There is nothing an immigration can do to change the decision. You will have to provide the insurance like the CO suggested. Financial documents is not insurance.

 

We try to advise people who want to bring over elderly parents to research health care cost. A simple slip and fall in a home can cost a person ten's of thousands of dollars in medical bills. It is a genuine concern that your parents don't become a cost to tax payers because they can't afford health care.

 

Start calling some insurance companies for quotes. It will give you an idea of what you are facing.

[WeGuyGal 1,052]

You failed to mention in your opening thread your father is deaf, which could be the reason his visa got rejected. To reconsider, the CO has to be satisfied your father's medical condition would be covered by long-term medical insurance, and he doesn't intend to become a public charge in the US, which happens in some cases with elderly new immigrants. 

[geowrian 22,336]

He wasn't denied due to his age. He was denied due to the risk of becoming a public charge due to expected costs associated with his health and/or heath insurance.

 

You will need to either use a joint sponsor that makes well above the minimum requirements to attempt to show that he will not become a public charge, or you can comply with the request and provide the requested documentation to show that he will not become a public charge.

 

Also, the petition was not denied. The visa was denied.

Edited July 2, 2018 by geowrian

[Unidentified 2,930]

10 hours ago, WeGuyGal said:

You failed to mention in your opening thread your father is deaf, which could be the reason his visa got rejected. To reconsider, the CO has to be satisfied your father's medical condition would be covered by long-term medical insurance, and he doesn't intend to become a public charge in the US, which happens in some cases with elderly new immigrants. 

Being deaf is no reason to be denied. 

[Boiler 44,308]

OP seems to have disappeared 

[Crazy Cat 40,638]

10 minutes ago, Unidentified said:

Being deaf is no reason to be denied. 

Agree.  But potential to become a public charge is.

[Unidentified 2,930]

Just now, missileman said:

Agree.  But potential to become a public charge is.

Absolutely, but I was responding to the person who claimed being deaf was the main reason this man got denied. 

[Crazy Cat 40,638]

3 minutes ago, Unidentified said:

Absolutely, but I was responding to the person who claimed being deaf was the main reason this man got denied. 

Oh, ok....got it.  You are absolutely correct.

[WeGuyGal 1,052]

33 minutes ago, Unidentified said:

Being deaf is no reason to be denied. 

 

20 minutes ago, Unidentified said:

Absolutely, but I was responding to the person who claimed being deaf was the main reason this man got denied. 

Please re-read my post before quoting it. I never said it was the main reason; I said it could be the reason for denial, a qualification worth noting due to the potential for becoming a public charge. 

 

Having been on VJ for a while, I know for a fact being deaf is not a reason for denial. That could be discrimination (if there were no context).