Unmarried mentally handicapped child over 21.

[Tivosis51 0]

I am currently pending for Adjustment of Status for a Green Card, based on an approved I-130 petition filed by my daughter who is a U.S. citizen. I am immigrating from Canada. I have a 32 year old daughter in Canada that has Downs Syndrome, but otherwise is healthy. Will I (or my daughter) be able to petition for her to immigrate at some point?

[Boiler 43,436]

You both can petition her, your daughter could have done as soon as she was a Citizen.

I assume you can take care of the financial needs.

[Tivosis51 0]

Yes we can take care of her financially. Because she is over 21, will she have to wait a long time?

[aleful 1,905]

hi

yes, over 7 years if you file, over 12 years if your daughter files for her

[Tivosis51 0]

7 years? Even though she is dependent on me for support and I am her legal guardian? Can she live with me in the U.S. in the interim during the wait?

[aleful 1,905]

hi

nope, she has to wait until her priority date is current, there are thousands of other children that have been petitioned before your child,

immigration doesn't care that she has Downs

there is no way to jump through hoops

[Transborderwife 4,666]

7 years? Even though she is dependent on me for support and I am her legal guardian? Can she live with me in the U.S. in the interim during the wait?

Yes, no to the second. That would be counterproductive to the process

[Boiler 43,436]

7 years is probably optimistic, she can vist of course.

Her medical condition may attract greater scrutiny financially, things can change in that time frame.

[aaron2020 11,651]

7 years? Even though she is dependent on me for support and I am her legal guardian? Can she live with me in the U.S. in the interim during the wait?

7 years more or less; could be longer depending on visa availability. She being dependent upon you and you being her legal guardian does not affect the wait. No, she can not come and live with you in the US in the interim. That would be illegal and negatively affect the petition.

You will have to decide whether you want to live in the US while your daughter is in Canada or whether you will give up the green card to live with her in Canada. Sorry, but there is no way for both of you to be here together unless your daughter petitions for her, wait 13 years, and petition for you around that time, then you both can immigrant at the same time.

[Tivosis51 0]

This is depressing.

[Transborderwife 4,666]

It's immigration unfortunately. We are fortunate that dependant or not the USA allows us to even petition relatives.

[NigeriaorBust 4,087]

The decision to leave your daughter to move to the US is on you. There are no exceptions to the process of bringing family members in numerically limited classes. If you feel that your daughter needs you in Canada then you can decide to abandon your AOS to return to Canada. What was your plan when you crossed the border for the care of your daughter ?

[JFH 12,189]

No one is forcing you to move to the USA. That's why there is no urgency on the part of the USA to allow your daughter to emigrate. I have to wait a year to be with my husband.

You will have to decide which is more important - a new life in the USA or caring for your daughter.

As has been mentioned before, you are very fortunate that the USA even allows new citizens to petition for other family members. It wouldn't happen in many other countries.

Edited May 10, 2016 by JFH

[kzielu 1,147]

This is depressing.

Something that should be researched and considered _before_ moving.

[Tivosis51 0]

She is with family in Canada and not alone, I just wanted her full time with me. I guess she can spend up to 6 months a year here with me and I will spend time up there until we can get her approved. I knew there was going to be some wait, but I was ill advised that it would be 6 months to a year. Guess not. It will work out.