Sponsoring Dad and mentally-challenged sister

[u_got_that 15]

Hi guys,

 

I just became a US citizen a few weeks ago.  Now I want to at least start thinking about sponsoring my dad and my adult-unmarried-but mentally challenged sister.

 

Under normal circumstances, I think the preferred route will be me sponsoring my dad first, then he gets his green card, and then he can sponsor his daughter/my sister ... is that right? Instead of me sponsoring my sister separately which I heard can take up to 20 years!

 

However, our case is a bit special that my sister as I said above is 40 year old and she has mental disability.  She lives with my dad, depends on him financially and for everything really.  She can take care of herself, meaning doesn't need around the clock care but her mental capacity is like 7-8 year old.  I don't know if USCIS has special provision for cases like this? Does anyone have any experience? I know I probably will need to talk to a lawyer about this and I will - but just wondering if anyone here can share some stories or experience?  

 

Thanks guys!

Edited May 22, 2018 by u_got_that

[Jojo92122 1,924]

Hi,

 

Sorry but there are no special provisions for this. 

A case for your father will be treated the same as every other case where a USC petitions for a parent.

When a USC petitions for a parent, there are no derivative beneficiaries allowed.  There are no exceptions.  Even babies that are completely dependent on a parent are not eligible.  

The current F2b wait time is 7-8 years for an LPR parent to petition an unmarried child over 21 years old.  Assume that it will take that long or longer for your LPR father to petition for your sister.

Sorry.

[TNJ17 1,329]

Will she even be eligible for an immigrant visa if she’s mentally ill? If she doesn’t pass the psych test she is not granted a visa.

[SusieQQQ 11,586]

10 minutes ago, TNJ17 said:

Will she even be eligible for an immigrant visa if she’s mentally ill? If she doesn’t pass the psych test she is not granted a visa.

The US doesn't discriminate that way (like Australia does) . From what I understand, as long as she is not a danger to herself or others, and as long as the family can ensure that she won't become a public charge, she should be ok for an immigrant visa.  That doesn't answer the question of the logistics involved of her care in the time it will take for her priority date to become current.

[geowrian 22,337]

13 minutes ago, TNJ17 said:

Will she even be eligible for an immigrant visa if she’s mentally ill? If she doesn’t pass the psych test she is not granted a visa.

Possibly. Nothing prohibits or discriminates against mental disabilities. However, they must 1) not pose a danger to anybody else or themselves, and 2) they must not be likely to become a public charge (i.e. if there are considerable expenses involved in their care, then the sponsor has to be able to show that they can cover it).

Edited May 22, 2018 by geowrian

[u_got_that 15]

19 minutes ago, Jojo92122 said:

Hi,

 

Sorry but there are no special provisions for this. 

A case for your father will be treated the same as every other case where a USC petitions for a parent.

When a USC petitions for a parent, there are no derivative beneficiaries allowed.  There are no exceptions.  Even babies that are completely dependent on a parent are not eligible.  

The current F2b wait time is 7-8 years for an LPR parent to petition an unmarried child over 21 years old.  Assume that it will take that long or longer for your LPR father to petition for your sister.

Sorry.

Thanks guys. Yeah I keep my expectation and hope pretty minimal.  My sister has a visitor visa for many many years. When my mom was alive, she and my sister visited us many times here in the US and stayed for months (always legally and always within the allowed time frame usually 6 months).  Her current visitor visa is good until 2022 and I know there were never any issues with renewing her visitor visas because she'd done this several times now.  Anyways, just trying to find a good way to do this with the least amount of waiting time. 

[SusieQQQ 11,586]

Actually even if she is a harm to herself or others there is a waiver available. This page also specifically says a mental disorder by itself is not sufficient to find the applicant inadmissible.

 

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

[Jojo92122 1,924]

There is no way for your sister to avoid the 7-8 years wait if your LPR father files for her.

 

As an LPR, your father must live in the US to maintain his green card.  If you petition for him, there is no way for your father to avoid being separated from your sister for many years.

 

I am sorry to tell you this.  There is no good way here.   Your family will have to make hard choices.  The 7-8 years plus 1 year it takes for you to petition for your father is the least amount of waiting time.

Edited May 22, 2018 by Jojo92122

[Unlockable 7,315]

32 minutes ago, u_got_that said:

Hi guys,

 

I just became a US citizen a few weeks ago.  Now I want to at least start thinking about sponsoring my dad and my adult-unmarried-but mentally challenged sister.

 

Under normal circumstances, I think the preferred route will be me sponsoring my dad first, then he gets his green card, and then he can sponsor his daughter/my sister ... is that right? Instead of me sponsoring my sister separately which I heard can take up to 20 years!

 

However, our case is a bit special that my sister as I said above is 40 year old and she has mental disability.  She lives with my dad, depends on him financially and for everything really.  She can take care of herself, meaning doesn't need around the clock care but her mental capacity is like 7-8 year old.  I don't know if USCIS has special provision for cases like this? Does anyone have any experience? I know I probably will need to talk to a lawyer about this and I will - but just wondering if anyone here can share some stories or experience?  

 

Thanks guys!

 

If your sister is highly dependent of your father, then the method you mentioned above would actually be reversed. You would sponsor your sister first. Then roughly a year before the time a visa is available for her (15 - 20 years), you would begin the process of sponsoring your father. If planned right, they would receive their visas relatively close together. This method would ensure there is no separation between the two. 

 

The method you proposed in your above post would require your father and sister to be either separated for a period of time, or have to navigate around the residency and visit limits they have, but it will get them to the US faster. Because your sister has a visitor visa, your father and sister could theoretically bounce back and forth between countries until it is time for your sister to get here immigrant visa. However, 6 -7 years of continuously doing this would pose risks also. There is no guarantee they will allow her to keep visiting for extended periods of time. 

 

Each option is going to require sacrifices. 

[u_got_that 15]

41 minutes ago, Jojo92122 said:

There is no way for your sister to avoid the 7-8 years wait if your LPR father files for her.

 

As an LPR, your father must live in the US to maintain his green card.  If you petition for him, there is no way for your father to avoid being separated from your sister for many years.

 

I am sorry to tell you this.  There is no good way here.   Your family will have to make hard choices.  The 7-8 years plus 1 year it takes for you to petition for your father is the least amount of waiting time.

 

38 minutes ago, NuestraUnion said:

 

If your sister is highly dependent of your father, then the method you mentioned above would actually be reversed. You would sponsor your sister first. Then roughly a year before the time a visa is available for her (15 - 20 years), you would begin the process of sponsoring your father. If planned right, they would receive their visas relatively close together. This method would ensure there is no separation between the two. 

 

The method you proposed in your above post would require your father and sister to be either separated for a period of time, or have to navigate around the residency and visit limits they have, but it will get them to the US faster. Because your sister has a visitor visa, your father and sister could theoretically bounce back and forth between countries until it is time for your sister to get here immigrant visa. However, 6 -7 years of continuously doing this would pose risks also. There is no guarantee they will allow her to keep visiting for extended periods of time. 

 

Each option is going to require sacrifices. 

 Thanks for the input guys .... will have to think about this one through.  

[Boiler 45,676]

There are some bigger issues, if she is 40 then presumably your father is 60 plus. So the financial consequences of supporting both, are they wealthy? could be challenging to say the least.