Immigration for wife's mother <80 for medical reasons

[NavarreMan 10]

I see that I-130 is required for naturalized wife to petition for her mother to become an immigrant to the USA. Mother is 74 and is suffering from dementia. I have the following questions:

1. Does her medical condition preclude her from immigration?

2. Does she qualify for any special consideration due to her condition?

3. Does her medical condition have an impact on the I-134?

 

She has no other relatives to care for her and friends are increasingly worried about her wanderings and getting lost. She was just found after spending the entire day at a bus stop in freezing weather not knowing where she was. I know we are attempting to take on a tremendous load but this is how families work and we are determined to help her in any way possible. Any help will be greatly appreciated.

[milimelo 4,156]

Her medical condition will matter at interview as you'll have to prove to have enough $$$ to pay for her care and if co thinks she'll be using means tested benefits they can deny the visa. Have you looked into how much care costs for your area for this specific circumstances?

 

You may just be better off (and cheaper) putting your mother in law in a retirement home with medical care in her home country. Older people don't seem to fare well in a new environment, new language they don't speak and cooped up in the house. Add to that her medical issues and you're looking to bankrupt yourself fast. 

[Jeanne Adil 1,651]

from the USCIS website

 

The officer should remember that the physical or mental disorder alone (that is, without associated harmful behavior) or harmful behavior alone (without it being associated with a mental or physical disorder) is not sufficient to find the applicant inadmissible on health-related grounds.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume9-PartC-Chapter4.html

 

but i sincerely hope you intend to travel with her and make sure this is known to immigration when submitting the application

[SusieQQQ 11,584]

11 hours ago, milimelo said:

 

You may just be better off (and cheaper) putting your mother in law in a retirement home with medical care in her home country. Older people don't seem to fare well in a new environment, new language they don't speak and cooped up in the house. Add to that her medical issues and you're looking to bankrupt yourself fast. 

This is an excellent point, not just the bankrupting bit but keeping older, more mentally fragile people in a familiar environment with proper care. It may not always “feel” like the right option emotionally but objectively it often is, particularly when they reach the stage where having full time care is the best option.

[SusieQQQ 11,584]

11 hours ago, adil-rafa said:

from the USCIS website

 

The officer should remember that the physical or mental disorder alone (that is, without associated harmful behavior) or harmful behavior alone (without it being associated with a mental or physical disorder) is not sufficient to find the applicant inadmissible on health-related grounds.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume9-PartC-Chapter4.html

 

but i sincerely hope you intend to travel with her and make sure this is known to immigration when submitting the application

On health-related grounds no, on potential public charge grounds is another story.

[CEE53147 559]

Are you prepared to pay over $6000/mo for custodial care when you can no longer care for her at home? It is even more on the coasts.

[NavarreMan 10]

I appreciate some of you trying to warn me of the potential consequences of bringing my MIL to the USA. The costs, the emotional investment and such are fully evident to me and I am not only willing but able to handle those issues as they may arise. The alternative to just leaving my wife's mother to die alone is simply not acceptable. That is not what love is, it is not what family is and not what humanity is all about. What I really need to know is what impact her condition has on her eligibility to immigrate and how it may effect her timeline. It appears that since she is not a threat due to her condition then she cannot be discriminated against based on her mental state. She is not yet 80 so I believe she still has to attend an interview at the Embassy. What I need to know is how much time do I need to go and retrieve her, escort her to the Embassy and thence to the USA? That being said if there is someone out there who has been through this situation then your input and experience is vital to my cause. Thank you to those who supplied me with the information above about the guidelines placed on the immigration official with respect to her mental condition. From what I can gather the I-134 only requires me to have sufficient income above the poverty level, no worries there. I see no policy that says they can set an arbitrary minimum income amount based on her condition. She will become my dependent and I can add her to my insurance and include her as a deduction so it is nearly a break even there. Most importantly she will be with her daughter and myself and live in a warm and loving home in her final years v. dying alone and neglected in a cold faraway city.

[geowrian 22,335]

26 minutes ago, NavarreMan said:

From what I can gather the I-134 only requires me to have sufficient income above the poverty level, no worries there. I see no policy that says they can set an arbitrary minimum income amount based on her condition. She will become my dependent and I can add her to my insurance and include her as a deduction so it is nearly a break even there.

First, you would use the I-864, not the I-134. The I-864 is legally binding and has a 125% of the poverty level for your household size as a minimum.

 

However, your understanding is incorrect. It has a minimum income level. Below that and the visa cannot be issued. Above that and a visa may be issued. The CO will address the public charge risk of the individual...which includes verifying that she has the means to receive proper care without means-tested benefits. You should show evidence with the I-864 that she can be added to your insurance and the added costs for the new plan member + their care on that plan is within your means to pay.

 

I'm doubtful that the tax deduction would offset the additional costs...$4050 exemption @ even a 25% tax rate is still only a ~$1000 decrease in tax liability for the year (and if you're in a higher tax bracket, you may have the means to pay already). Anyway, the point is to research the costs involved, what care she needs now and is likely to need in the future, what insurance will cover, etc. Do not take this lightly...go into the process with full knowledge of how it will impact her, your family, and your pocketbook.

Edited November 14, 2017 by geowrian

[NigeriaorBust 4,087]

  You have an insurance that allows you to add your parent ?   Most do not, the limit dependents to spouse and children.

[Umka36 781]

2 hours ago, NigeriaorBust said:

  You have an insurance that allows you to add your parent ?   Most do not, the limit dependents to spouse and children.

I've only seen it once in a prior employment. I think they allowed it because it was a long time employee and the father was terminally ill. It was out of compassion is my take on it. But it is very rare that an employer will allow you to add a parent.

 

I have an employee whose father had dementia. She said medical insurance does not cover long term care such as dementia. Luckily her father had funds set aside to take care of his needs. OP, I recommend you research more on the cost and what it entails to take care of someone with dementia. I'm not trying to discourage you, but it's going to be a financial/emotional strain no matter what you choose to do.

 

In regards to immigration, the CO is more likely than not to look beyond the minimum poverty amount. Gather all the that proof/plan you can that your MIL will not be a public charge.

 

https://www.payingforseniorcare.com/alzheimers/financial-assistance.html

[CEE53147 559]

On 11/14/2017 at 10:50 AM, NavarreMan said:

I appreciate some of you trying to warn me of the potential consequences of bringing my MIL to the USA. The costs, the emotional investment and such are fully evident to me and I am not only willing but able to handle those issues as they may arise. The alternative to just leaving my wife's mother to die alone is simply not acceptable. That is not what love is, it is not what family is and not what humanity is all about. What I really need to know is what impact her condition has on her eligibility to immigrate and how it may effect her timeline. It appears that since she is not a threat due to her condition then she cannot be discriminated against based on her mental state. She is not yet 80 so I believe she still has to attend an interview at the Embassy. What I need to know is how much time do I need to go and retrieve her, escort her to the Embassy and thence to the USA? That being said if there is someone out there who has been through this situation then your input and experience is vital to my cause. Thank you to those who supplied me with the information above about the guidelines placed on the immigration official with respect to her mental condition. From what I can gather the I-134 only requires me to have sufficient income above the poverty level, no worries there. I see no policy that says they can set an arbitrary minimum income amount based on her condition. She will become my dependent and I can add her to my insurance and include her as a deduction so it is nearly a break even there. Most importantly she will be with her daughter and myself and live in a warm and loving home in her final years v. dying alone and neglected in a cold faraway city.

 

You need to check on this. Dependent parents are usually not able to be added to your health insurance.  Look at the cost of current health insurance in your location.  The ability to obtain a primary care physician may also be difficult depending on where you live. In my area, most are closed to new patients.