Green Card for Sibling with Special Needs

[tigey 10]

Hello. I am a recently naturalized Citizen. My brother and I are born to the same parents, in wedlock. He is over the age of 21. He has down syndrome, and requires special needs. My parents are his caregivers, but they are getting older and can not keep caring for him indefinitely.  Therefore, i want to apply for his F-4 VISA so he can come to the USA to live so I can care for him. He does not understand immigration or even the concept, so he would not be able to fill in any paperwork or answer any questions in an interview. The only thing he is mentally capable of is really writing his name. It would be challenging to even get him to do biometrics. I would have to fill in all the forms for him etc..Is it possible to get his F4 processed this way? Is getting his green card even a possibility? 

[aleful 1,905]

hi

 

you can file for him, the problem is the waiting time for this category. for now it is 14 years, as time passes, it probably will be more

 

so you might have to help care for him some other way, in the mean time,, plus how will you care for him here?

 

you can start by filing the i130

[tigey 10]

7 minutes ago, aleful said:

hi

 

you can file for him, the problem is the waiting time for this category. for now it is 14 years, as time passes, it probably will be more

 

so you might have to help care for him some other way, in the mean time,, plus how will you care for him here?

 

you can start by filing the i130

I am aware of the waiting time. I have the means to provide care. My question is about the logistics of the approval.  He doesnt know what a VISA is, he cannot understand what it even is or if he wants one. How will he do biometrics? Does USCIS facilitate people with a mental handicap? Will this make him not eligible?

[aleful 1,905]

hi

 

someone will have to go with him, parents or legal guardian at the time. just like with children, an adult will have to be with him at all times, and take care of his paperwork, or you might need to travel to be at his interview.

 

they would surely ask you about his care.

 

 

 

 

[tigey 10]

14 minutes ago, aleful said:

hi

 

someone will have to go with him, parents or legal guardian at the time. just like with children, an adult will have to be with him at all times, and take care of his paperwork, or you might need to travel to be at his interview.

 

they would surely ask you about his care.

 

 

 

 

Thank you. As I have said before, I have the means to provide care, please don't focus on this detail. My parents ares still his legal guardian. He is not my child, he is an adult. I guess what I am asking is will it be  problem that he is not necessarily "consenting" to the application since he does not have the mental capacity? He does not have the capability to answer questions in an interview, so I will have to answer for him. However I am his brother, not parent. 

Edited September 29, 2018 by tigey

[Boiler 45,467]

As @aleful said many immigrants do not consent to moving to the US, that is the whole point of DACA to cover those that did not consent to their Parents actions.

 

I do not see an issue, you can meet the public charge aspect and make arrangement for your Parents or whoever is the Guardian at the time to accompany him.

 

As you my be aware F4 Category is on the chopping block should there be Comprehensive Immigration Reform, so far ahead who knows what the situation will be, just file and see.

Edited September 29, 2018 by Boiler

[aleful 1,905]

hi

 

I'm saying because immigration does care not me, but immigration does care on how you will provide and care for him

 

that is part of not becoming a public charge, you've got it covered so no problem there

Edited September 29, 2018 by aleful

[tigey 10]

8 minutes ago, aleful said:

hi

 

I'm saying because immigration does care not me, but immigration does care on how you will provide and care for him

 

that is part of not becoming a public charge, you've got it covered so no problem there

Yes I am aware of the public charge concern. This should not be a problem as I earn $275K/yr and car prove my income with pay stubs. 

[hope2018 25]

7 hours ago, tigey said:

Yes I am aware of the public charge concern. This should not be a problem as I earn $275K/yr and car prove my income with pay stubs. 

You definitely have good income. You can try to bring ONE of your parents to the US first and leave the other parent behind to take care of him. After your parent has the green card, they can sponsor your brother under F2B category (waiting time around 7 years ). You can always bring the other parent over later. Your parents can return to their home country later if they do not like the US. You can get an immigration lawyer  to represent your brother. The process takes time but it will worth it for your brother with DS. Good luck. 

Edited September 29, 2018 by hope2018

[Boiler 45,467]

1 hour ago, hope2018 said:

You definitely have good income. You can try to bring ONE of your parents to the US first and leave the other parent behind to take care of him. After your parent has the green card, they can sponsor your brother under F2B category (waiting time around 7 years ). You can always bring the other parent over later. Your parents can return to their home country later if they do not like the US. You can get an immigration lawyer  to represent your brother. The process takes time but it will worth it for your brother with DS. Good luck. 

Seems the parents are older and may have issues of their own and need care.

[Visitor User 253]

What about the Visa for medical purpose?

[Boiler 45,467]

No mention of any medical treatment.

[tigey 10]

9 hours ago, Boiler said:

No mention of any medical treatment.

He does take mediction, however he does not require phyisical treatment. It is for mental issues.

[CEE53147 559]

You currently have an income but that is not guaranteed for HIS lifetime.  You do realize that in some part of the country that custodial care approaches $100K per year.

[Boiler 45,467]

He can file now, affordability etc is an issue for the dim and distant future.