Special needs brother (39m) sponsored by PR parents

[SincerelyMeike 52]

Hello everyone! I’m wondering if anyone can help with giving me a starting point.

 

My parents have been living here in the US for a number of years now with their permanent residency card, I am a US citizen. 
 

My mothers son (my half brother) is 39 years old and he is a special needs person who is also handicapped and incapable of self maintained living. At the moment he is living outside of the country with family, and spends half of the year with us and half of the year with the international family. 
 

Now that my parents have become permanent residents, we are looking to find the best possible way to sponsor him to live with us with as little wait time as possible as it is very stressful and hard for him to be away from his parents and not have access to proper medical care. 
 

He will be back with us in about 2 weeks, and I am trying to figure out the best time to file (where maybe I can file while he’s here and I don’t have to wait 4 months until he goes back) to reduce the stress of care on everyone. 

[Chancy 6,241]

5 minutes ago, SincerelyMeike said:

My mothers son (my half brother) is 39 years old

 

7 years from now is probably the earliest he can immigrate to the US, if your mother petitions for him right now.  From Table A (Final Action Dates) on the Visa Bulletin, you'll see that visa numbers for F2B category (unmarried children 21 years or older, of LPR) are available only for cases with petitions filed on or before SEP 2015 -- https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-september-2022.html

 

Your mother should start the process here -- https://www.uscis.gov/i-130

 

[Boiler 45,519]

Your Mother could file for him now., not sure you realise this is going to take a loooong time to process.

 

You may wish to compare the care he is getting in Germany vs that available in the US. And the cost.

[SincerelyMeike 52]

Thank you both!

 

1 minute ago, Boiler said:

You may wish to compare the care he is getting in Germany vs that available in the US. And the cost.

Unfortunately he is my mothers son and therefore he is actually stuck in Trinidad and Tobago with little to no access to centers to care for his type of disability. His best bet at care would be with us.

[arken 4,197]

55 minutes ago, SincerelyMeike said:

He will be back with us in about 2 weeks, and I am trying to figure out the best time to file

Your mother can file i130 for him online (with your guidance) today. All she needs is a copy/scan of his birth certificate that lists hers and his names. As said, need to wait 7 years or so to immigrate. So just let the clock rolling by filing it asap.

Edited August 29, 2022 by arken

[Family 3,988]

17 hours ago, SincerelyMeike said:

 

My mothers son (my half brother) is 39 years old and he is a special needs person who is also handicapped and incapable of self maintained living. At the moment he is living outside of the country with family, and spends half of the year with us and half of the year with the international family. 

If he routinely travels to the US on a B-2 non immigrant visa , then I must assume some special considerations were granted and his medical condition assessed at visa interview. 

Is there a particular reason your LPR mom did not file I-130 years ago as it seems she has held status a while?
 

If you do pursue I-130 ( by mom or you as (half ) brother) I would presume a strict burden for your family to show all medical insurance coverages are in place to overcome expected public charge findings for the level of care/ maintenance he requires. 

 

[SincerelyMeike 52]

My parents and I lived in the US since 1999 on an E2 visa as they have a company here but never had PR.

 

I was able to give my parents their PR through my K1 visa marriage after I became a citizen, so unfortunately they’ve only received their PR a little under a year ago. We just gathered all of our resources to be in a place to be able to apply for my brother now  

[Boiler 45,519]

File away

[TempunAlex 7]

On 8/29/2022 at 3:29 PM, SincerelyMeike said:

My parents and I lived in the US since 1999 on an E2 visa as they have a company here but never had PR.

 

I was able to give my parents their PR through my K1 visa marriage after I became a citizen, so unfortunately they’ve only received their PR a little under a year ago. We just gathered all of our resources to be in a place to be able to apply for my brother now  

When did you become a citizen? You could have filed for your brother when that happened and he would be there by now. The wait is roughly 10 years for direct sibilings. You could also try to expedite the I-130 F2B after filing on grounds of health care needs, they will most likely approve it if you gather the right documentation.

[SalishSea 17,833]

On 9/11/2022 at 7:58 PM, TempunAlex said:

The wait is roughly 10 years for direct sibilings.

You are dispensing completely incorrect information.

 

Try 15-20 years.

 

And no, there is no 'expedite on the grounds of health needs' for ANY immigrant visa beneficiary, even if it was for an immediate relative.  There are no expedites whatsoever for family preference visas.

 

[TempunAlex 7]

34 minutes ago, Jorgedig said:

You are dispensing completely incorrect information.

 

Try 15-20 years.

 

And no, there is no 'expedite on the grounds of health needs' for ANY immigrant visa beneficiary, even if it was for an immediate relative.  There are no expedites whatsoever for family preference visas.

 

Please don't be so rude, would be nice for a friendlier answer like "Sorry man but that information is wrong, here is the correct information"

 

Why does it feel like everyone on this forum is trying to 1 up others and have a general negative demeanor towards everyone. My answer was based on data from this very website for F4 classes as well as USCIS. I do know that NVC is currently backlogged all the way to 2007-8 for F4 cases but again there's no need to be so hostil. 

 

Could you tell me if this screenshot from travel.gov is not evidence of health needs for grounds to expedite for immigrant visas for benficiaries? If so, i'd love to know more.

 

Thank you.

[nastra30 2,287]

22 minutes ago, TempunAlex said:

Please don't be so rude, would be nice for a friendlier answer like "Sorry man but that information is wrong, here is the correct information"

 

Why does it feel like everyone on this forum is trying to 1 up others and have a general negative demeanor towards everyone. My answer was based on data from this very website for F4 classes as well as USCIS. I do know that NVC is currently backlogged all the way to 2007-8 for F4 cases but again there's no need to be so hostil. 

 

Could you tell me if this screenshot from travel.gov is not evidence of health needs for grounds to expedite for immigrant visas for benficiaries? If so, i'd love to know more.

 

Thank you.

You see, a visa number will first have to be available in order for op's brother to get a visa.

So at the moment:

+If op files for brother it will take 15+ years for that visa number to be available.

+if op's mother files for op's brother it will take 7+ years.

+Nobody can expedite the availability of visa numbers. It's never done. Law doesn't allow it.

 

Therefore if case is approved at USCIS and sent to NVC, it will languish at NVC collecting dust until the day a visa number becomes available. It is only at this point one can even start talking about any expedites.

Familiarize yourself with visa bulletin below:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

[SalishSea 17,833]

12 hours ago, TempunAlex said:

Please don't be so rude, would be nice for a friendlier answer like "Sorry man but that information is wrong, here is the correct information"

 

Why does it feel like everyone on this forum is trying to 1 up others and have a general negative demeanor towards everyone. My answer was based on data from this very website for F4 classes as well as USCIS. I do know that NVC is currently backlogged all the way to 2007-8 for F4 cases but again there's no need to be so hostil. 

 

Could you tell me if this screenshot from travel.gov is not evidence of health needs for grounds to expedite for immigrant visas for benficiaries? If so, i'd love to know more.

 

Thank you.

You’re confidently incorrect.  

 

Even the excerpt you posted states the correction I made to what you said-   That there is no way to expedite a visa for which there is no visa number available (family preference).

 

You are dispensing incorrect I do, and I’m just trying to help others.

[Boiler 45,519]

It does  say is a visa is available, a visa will not be available until the Priority date is current.

 

With many categories having a long wait then if it was possible to expedite the process that would be the next thing you would do after filing.

 

The times you see mentioned here tend to be for people who are now getting current, this popped into my inbox you can see going forward can be very different:

 

Quote

 

In the October 2022 Visa Bulletin, the Dates of Filing Chart shows that EB2 India will retrogress well over 2 years to May 1, 2012.

A 10-year wait for a green card for persons with advanced degrees? Yes, but this is for Indian professionals who were sponsored by their employers over 10 years ago.

How about people sponsored for EB2 India green cards in 2022? Believe it or not, the wait may be over 100 years! In other words, most EB2 India professionals will not work long enough, or even live long enough, to get green cards.

 

 

https://www.shusterman.com/eb2-india-immigration-reform/

Edited September 13, 2022 by Boiler

[Family 3,988]

18 hours ago, TempunAlex said:

Why does it feel like everyone on this forum is trying to 1 up others and have a general negative demeanor towards everyone

The best way to learn and also help others is to engage as you did …don’t get discouraged . It’s after all just a public forum full of colorful personalities. 
Keep posting