Immigration Procedure for MENTALLY DISABLED relatives

[Anyuta 0]

Good Morning/Afternoon/Evening Everyone

What is the immigration procedure for bringing over a mentally challenged relative? The situation is as follows. I am a US citizen since Nov. 2006. I successfully petitioned for my mother who was granted permanent residence last week (the whole process took less than 4 months). My mother has a mentally challenged brother who is still in Russia. Their father (my grandfather) passed away in March and her brother was left all by himself. Luckily, some relatives took him in temporarily until my mom comes back to Russia and figures something out. My mom is her brother's legal guardian. I looked on the INS website and did not find anything specific to these kind of situations. Has anyone heard of similar situations or know where to research? Please help us if you know anything about this.

[moonhunt 1]

Good Morning/Afternoon/Evening Everyone

What is the immigration procedure for bringing over a mentally challenged relative? The situation is as follows. I am a US citizen since Nov. 2006. I successfully petitioned for my mother who was granted permanent residence last week (the whole process took less than 4 months). My mother has a mentally challenged brother who is still in Russia. Their father (my grandfather) passed away in March and her brother was left all by himself. Luckily, some relatives took him in temporarily until my mom comes back to Russia and figures something out. My mom is her brother's legal guardian. I looked on the INS website and did not find anything specific to these kind of situations. Has anyone heard of similar situations or know where to research? Please help us if you know anything about this.

I think you still need to file I-130 but include medical record, and cover letter to show extremely difficulty situation including you and your mom being in U.S.

After filing I-130, you can contact your congress man or senator to ask for express processing based on hardship.

[kitkat1 5]

Your mother is now a Legal Permanent Resident and will have to follow the steps to sponsor her brother just as you did to bring your mother here. The first step to bringing a sibling is to become a USC so she is eligible to sponsor her sibling. This falls into the fourth visa preference cateogry. If you view the current Visa Bulletin here http://travel.state.gov/visa/frvi/bulletin...letin_3236.html you will see that fourth preference visas are now being processed from 08 JUN 1996. That means after your mother becomes a USC and is eligible to file for her brother, the wait is ten + years.

On the issue of mentally-challenged applicants, in general I don't believe there are no special rules or provisions. However, you should be aware that some "mental disorders" make an applicant inadmissible and require a waiver. I don't know if this would impact your case. Other issues involving the cost for his care in the US may also come up.

http://www.travel.state.gov/visa/frvi/inel...ities_1364.html

Visa Ineligibilities:

have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or

(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or

Expedites of petitions and/or interviews are generally only available in the case of the USC's military deployment or severe medical condition. Requests for expedites are made directly to service centers or consulates. A senate immigration liaison can sometimes help faciliate the request if it falls under the service center or consulate's stated expedite requirements.

Your first step is to consult with a qualified immigration attorney be sure both you and your mother understand the process and any obstacles you might face (aside from the long wait).

[Anyuta 0]

Does not legal guardianship mean anything? When I called INS helpline, I was told that legal guardianship is similar to the children's category but they told me that we need to make an appointent with an immigration officer to make sure.

[kitkat1 5]

Does not legal guardianship mean anything? When I called INS helpline, I was told that legal guardianship is similar to the children's category but they told me that we need to make an appointent with an immigration officer to make sure.

Do not rely on the USCIS misinformation line or an immigration officer for a complicated situation like this. Start by consulting with a qualified immigration attorney to see if they are any options for legal guardians in this type of situation.

[moonhunt 1]

Does not legal guardianship mean anything? When I called INS helpline, I was told that legal guardianship is similar to the children's category but they told me that we need to make an appointent with an immigration officer to make sure.

Do not rely on the USCIS misinformation line or an immigration officer for a complicated situation like this. Start by consulting with a qualified immigration attorney to see if they are any options for legal guardians in this type of situation.

Totally agree with kitkat1. It is complicated, so it's better to have immigration laywer working for you.

It may cost some money, but in this case, it will worth it.