i petition my father who is 60yrs old and had heart surgery & immunization copy

[jangkay5 0]

Hi. 2 questions: 1st, my dad had a stroke and heart-by-pass 3 years ago - he can walk but slowly and talk but slurry. But he is getting better. Does will affect his medical exams? I know he doesnt have TB for sure.

2nd question: Do they still need immunization record since he is already 60 years old and he doesnt know where to get the records as well.

thanks

[belinda63 2,981]

A I understand from a prior post your source of income is from self-employment. A big problem you may run into is the CO may want proof of medical insurance coverage for your father to prove he will not become a public charge. Have you checked into the price of medical insurance (I'm sure Bob will be around soon to post his doom and gloom). Your father will not be eligible for Medicare and will have to be an LPR for five years to qualify for Medicaid, and the sponsor and co-sponsor will still be on the hook if the US government decides to enforce the affidavit of support, at least until he becomes a US citizen.

I understand at least some of your reasons for wanting him here with you but you really need to consider the costs involved in his continuing medical care.

[Penguin_ie 5,986]

1. He will pass the medical. However, it is likely that due to his health issues, the CO at interview will require you, as the sponsor, to prove you have his health insurance covered when he comes to the USA (remember, he won't be elligible for Medicare for years).

2. Yes, though some immunisations are only for certain age groups.

[Brother Hesekiel 2,235]

As the Penguin stated, in cases like your dad's, it's highly likely that the C.O. will require you to prove that you are financially able to take care of your dad until the day he dies. Since your dad most likely is not in a position to work at least 10 years of full time, during which time he would pay into SS, he will not be covered by Medicare and he will not get a penny from Uncle Sam.

A "normal" heart attack is now a $100,000 affair in the U.S., so very few of us can afford to petition for a parent. I remember several posters who got quoted $6,000 per month for health insurance, and this won't get cheaper as he gets older. In the U.S. insurance companies are in business to make money, and on a person heading toward their 70s or even 80s, it's not a question of if they will have a huge problem, but when. You may have problems to find a company that covers your dad based on his history of heart problems.

Here's the section that matters, curtesy of VJ member Jim Va Phuong who once kindly supplied it:

Age and Health of Prospective Immigrant

Both USCIS and Department of State are required to consider the immigrant's age, health, and ability to support themselves when making the public charge determination. This requirement is based on INA section 212(a)(4)(B):

http://www.uscis.gov...190aRCRD&CH=act

Factors to be taken into account.- (i) In determining whether an alien is excludable under this paragraph, the consular officer or the Attorney General shall at a minimum consider the alien's-

(I) age;

(II) health;

(III) family status;

(IV) assets, resources, and financial status; and

(V) education and skills

Only after considering these things, will DHS or DoS consider the affidavit of support:

(ii) In addition to the factors under clause (i), the consular officer or the Attorney General may also consider any affidavit of support under section 213A for purposes of exclusion under this paragraph.

Both the Adjudicators Field Manual (DHS) and Foreign Affairs Manual (DoS) refer to the "totality of circumstances", and specifically refer to INA 212(a)(4)(B). Some specific references in the Foreign Affairs Manual:

http://www.state.gov...ation/86988.pdf

9 FAM 40.41 N4.3 Family Status

You should consider the marital status of the applicant and, if married, the number of dependents for whom he or she would have financial responsibility.

9 FAM 40.41 N4.4 Applicant's Age

You should consider the age of the applicant. If the applicant is under the age of 16, he or she will need the support of a sponsor. If the applicant is 16 years of age or older, you should consider what skills the applicant has to make him or her employable in the United States.

9 FAM 40.41 N4.5 Education and Work Experience

You should review the applicant's education and work experience to determine if these are compatible with the duties of the applicant's job offer (if any). You should consider the applicant's skills, length of employment, and frequency of job changes. Even if a job offer is not required, you should assess the likelihood of the alien's ability to become or remain self-sufficient, if necessary, within a reasonable time after entry into the United States. (See 9 FAM 40.41 N4.7.)

9 FAM 40.41 N4.6-1 Aliens Subject to INA 212(a)(4)©/(D)

An alien who must have Form I-864, Affidavit of Support Under Section 213(A) of the Act, will generally not need to have extensive personal resources available unless considerations of health, age, skills, etc., suggest that the likelihood of his or her ever becoming self-supporting is marginal at best. In such cases, of course, the degree of support that the applicant will be able and likely to provide becomes more important than in the average case.

In a nutshell, in a case like your dad's, your Affidavit of Support is nothing but a backup. What matters first and foremost is that you can convince the C.O. that you have so much money stacked away that there is no chance that your dad will ever become a public charge, not even if he has several heart attacks and strokes.

Edited February 10, 2012 by Brother Hesekiel

[Dakine10 5,452]

A "normal" heart attack is now a $100,000 affair in the U.S., so very few of us can afford to petition for a parent. I remember several posters who got quoted $6,000 per month for health insurance, and this won't get cheaper as he gets older. In the U.S. insurance companies are in business to make money, and on a person heading toward their 70s or even 80s, it's not a question of if they will have a huge problem, but when. You may have problems to find a company that covers your dad based on his history of heart problems.

One thing to note though is that several states now have a guaranteed issue coverage plan for preexisting conditions in anticipation of "Obamacare" going into effect. They just recently started here in Colorado and the premium for a 65 year old is $625 a month with a $2500 deductable. Requirements for the plan are legal status, six months of residency and a qualified preexisting condition or denial by another insurer because of a preexisting condition.

Still not cheap, but a lot better than the old $6000 quotes.

[Brother Hesekiel 2,235]

One thing to note though is that several states now have a guaranteed issue coverage plan for preexisting conditions in anticipation of "Obamacare" going into effect. They just recently started here in Colorado and the premium for a 65 year old is $625 a month with a $2500 deductable. Requirements for the plan are legal status, six months of residency and a qualified preexisting condition or denial by another insurer because of a preexisting condition.

Still not cheap, but a lot better than the old $6000 quotes.

Which is what the O.P.'s father doesn't have, and which is why the C.O. needs to make sure that he will have coverage nonetheless BEFORE issuing an immigrant visa to the U.S.

[Dakine10 5,452]

Which is what the O.P.'s father doesn't have, and which is why the C.O. needs to make sure that he will have coverage nonetheless BEFORE issuing an immigrant visa to the U.S.

I agree, just pointing out that things are changing. Many of these guaranteed issue plans have been set up early as an interim bridge until 2014. The private and co-op plans that become available should not have this six month exclusion period.

[Brother Hesekiel 2,235]

I agree, just pointing out that things are changing. Many of these guaranteed issue plans have been set up early as an interim bridge until 2014. The private and co-op plans that become available should not have this six month exclusion period.

Agreeing with you on this.

Thanks to President Obama, some change we can believe in is on the horizon.