parents with special needs kids over 21

[210045803 1]

Hi, we are trying to sponsor my parents from Canada to USA however they have 2 special needs kids over 21...would I just do I-130's for all 4 (2 parents and 2 special needs kids) all at once and pay the $535 fee x 4?

Would this delay the application? Any insight would be helpful.  Do you think I can still get the application approved with the approximate timeline of 6 months? Thanks in advance.

[aleful 1,905]

hi

 

unfortunately, they won't be coming, there are no derivatives in parent's petitions, your parents can come if you file an i130 for each one, but your siblings can't come with them

 

so if you file for them, they will have to leave them behind, or don't file for your parents and have them visit you and you visit them

 

if you file for siblings, the wait is over 13 years. if they were to file for them, 6 or more years for them to come as a resident

 

there is no immediate way to bring your siblings to the US, there aren't any special categories for special needs children

 

 

Edited October 13, 2019 by aleful

[designguy 1,179]

2 hours ago, 210045803 said:

Hi, we are trying to sponsor my parents from Canada to USA however they have 2 special needs kids over 21...would I just do I-130's for all 4 (2 parents and 2 special needs kids) all at once and pay the $535 fee x 4?

Would this delay the application? Any insight would be helpful.  Do you think I can still get the application approved with the approximate timeline of 6 months? Thanks in advance.

Yeah unfortunately there will be no path forward for them to come as a family. The fact that they are special needs would actually hurt their case, as they may not overcome the issue of becoming a public charge. 

 

Your parents should apply for them once they become USC, but it seems a catch 22 in your situation as it seems the 2 children can't be separated the parents

[210045803 1]

8 minutes ago, designguy said:

Yeah unfortunately there will be no path forward for them to come as a family. The fact that they are special needs would actually hurt their case, as they may not overcome the issue of becoming a public charge. 

 

Your parents should apply for them once they become USC, but it seems a catch 22 in your situation as it seems the 2 children can't be separated the parents

Thanks for the quick reply. What if they use an investment visa? Can he bring them as dependents that way?

thanks

 

[designguy 1,179]

Just now, 210045803 said:

Thanks for the quick reply. What if they use an investment visa? Can he bring them as dependents that way?

thanks

Only children under 21 qualify as dependents 

[aleful 1,905]

2 hours ago, designguy said:

Yeah unfortunately there will be no path forward for them to come as a family. The fact that they are special needs would actually hurt their case, as they may not overcome the issue of becoming a public charge. 

 

Your parents should apply for them once they become USC, but it seems a catch 22 in your situation as it seems the 2 children can't be separated the parents

 

residents can apply for unmarried children over 21, they don't have to wait 5 years until they are USC

[SusieQQQ 11,586]

13 hours ago, aleful said:

 

residents can apply for unmarried children over 21, they don't have to wait 5 years until they are USC

That’s true, but there is still a 6-7 year wait before the children will get visas. I don’t see a way to move this family without separating them. 

[Boiler 45,486]

Apply for the siblings, a year or so before they are current apply for the parents.

[SusieQQQ 11,586]

1 minute ago, Boiler said:

Apply for the siblings, a year or so before they are current apply for the parents.

Ah, there’s a solution that will work, albeit with a very long term view.

[Ash.1101 1,756]

I would always sit on the side of caution that the children may cause a flag for public charge and it all get denied anyways.

Note that the only way to get semi-decent care for people with disabilities is to be rich enough to be able to pay for your childrens care out of pocket, or to be poor enough where the state pays for most of it. If you're any where in between, you're in for a struggle.

 

[SusieQQQ 11,586]

19 minutes ago, Ash. said:

I would always sit on the side of caution that the children may cause a flag for public charge and it all get denied anyways.

Note that the only way to get semi-decent care for people with disabilities is to be rich enough to be able to pay for your childrens care out of pocket, or to be poor enough where the state pays for most of it. If you're any where in between, you're in for a struggle.

 

Well, there are countries like Australia where special needs children are indeed outright denied immigration on potential public charge grounds, happened to friends of mine (and they actually made my uncle leave after he had a stroke for the same reason...). At least in the US the sponsor has an opportunity to overcome the public charge issue.

 

i also disagree with your last paragraph. I have friends (actually... the same ones that got denied for Australia) with a severely autistic son in California. They are neither rich nor poor, but they are lucky to live in a state with fantastic support for special needs kids, which doesn’t need you to be “poor” to use it. I was told Texas is similar, but don’t have any “first hand” experience of that. As with most things - state dependent. That said, it would make much more sense to me to have such family members stay in Canada, with its healthcare system.

Edited October 14, 2019 by SusieQQQ

[Pinkrlion 2,716]

35 minutes ago, SusieQQQ said:

Well, there are countries like Australia where special needs children are indeed outright denied immigration on potential public charge grounds, happened to friends of mine (and they actually made my uncle leave after he had a stroke for the same reason...). At least in the US the sponsor has an opportunity to overcome the public charge issue.

 

i also disagree with your last paragraph. I have friends (actually... the same ones that got denied for Australia) with a severely autistic son in California. They are neither rich nor poor, but they are lucky to live in a state with fantastic support for special needs kids, which doesn’t need you to be “poor” to use it. I was told Texas is similar, but don’t have any “first hand” experience of that. As with most things - state dependent. That said, it would make much more sense to me to have such family members stay in Canada, with its healthcare system.

That was prior to current manual changes.  Public Charge for medical treatment is something different.  There are others who have been denied due to their kidney dialysis, diabetes, cancer treatment, among other severe illnesses.  

[Ash.1101 1,756]

1 hour ago, SusieQQQ said:

Well, there are countries like Australia where special needs children are indeed outright denied immigration on potential public charge grounds, happened to friends of mine (and they actually made my uncle leave after he had a stroke for the same reason...). At least in the US the sponsor has an opportunity to overcome the public charge issue.

 

i also disagree with your last paragraph. I have friends (actually... the same ones that got denied for Australia) with a severely autistic son in California. They are neither rich nor poor, but they are lucky to live in a state with fantastic support for special needs kids, which doesn’t need you to be “poor” to use it. I was told Texas is similar, but don’t have any “first hand” experience of that. As with most things - state dependent. That said, it would make much more sense to me to have such family members stay in Canada, with its healthcare system.

Texas is not as of the last couple of years. State insurance from the kids is now put into insurance plans from two insurance companies. Reimbursement rates to therapists post-insurance plan merge went down by 60% which caused a fair number of Occupational, ABA, and Speech Therapy groups to shut down or merge into giant therapy groups. 

Before this change, your child could see what ever doctor you needed, after this change it has to be in network for which ever insurance group you chose or it's out of pocket. There was a story of a boy in Houston who had been seeing about 30 different doctors for different treatments due to being severely disabled, and the change in insurance meant he could only stay with 5.

I actually have more provider options for my daughter through my work paid insurance than I did when she was under the state insurance after the change.

State by state is different for sure, what we make in Texas is pretty comfortable, but in California it would be too tight because the costs of living are so very different.

I agree though that it would make much more sense to stay in Canada.


In this case, we're looking at two immigrants who, if they were USC, would probably already have been on disability. When it comes to the interview, if they are very disabled, it'll be pretty obvious as to what care they may need.

I can't see how anyone would be approved in this case unless their sponsor made INCREDIBLE amounts of money, or the parents do as well and that money would continue when coming into the US. Because from the looks of it, out of the 4 people they want to bring in, only one of them will be able to work since they need at least one other parent to take care of the two kids.

Edited October 14, 2019 by Ash.

[SusieQQQ 11,586]

22 minutes ago, Pinkrlion said:

That was prior to current manual changes.  Public Charge for medical treatment is something different.  There are others who have been denied due to their kidney dialysis, diabetes, cancer treatment, among other severe illnesses.  

Special needs is a wide ranging category that generally does not entail the same type of costs as the chronic medical conditions you mention. For example, some special needs adults may live in group homes but are able to work and earn, with nothing like the kind of cost implications of cancer or dialysis treatment. There is no indication what extent of disability OP’s siblings have, could be severe, could be mild.

[SusieQQQ 11,586]

I would note that if OP is talking about an investment visa as an option, it implies the parents have $500k-$1m lying around spare, so maybe public charge is not such a big concern.

Edited October 14, 2019 by SusieQQQ