Please Advise...Immigrant Visa for Autistic Child

M

mvesce

New Member
Hi,

My mother-in-law recently became a permanent resident and wants to submit an I-130 for her 10 year son who is autistic, severe. He cannot speak and doesn't respond.

Does anyone know if this will be a problem? We realize the "public charge" thing but they do not plan to reside here since he has insurance in Mexico and his doctors are there. They only want to visit and cannot get a tourist visa.

Any help is appreciated.
 
I don't think medical condition matters if it is a petition. The reason why they will ask for an affidavit of support is that if the person becomes public charge they can go to the sponsor's income.
 
Visitor visa is easy in some countries but a big problem in some others. I am ending up petitionning for my mother just because she was refused a visitor visa, and was given an I-130 form at interview, telling us that was the only way she can get here. However, she had no intention to live here.

That is the fact, and I understand if this woman has to go through a petition for the kid to come here.
 
PraetorianXI said:
A green card is NOT a tourist visa.

Why can't they get one exactly?
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An under-18 child whose parent is living permanently in the US will have problems getting a tourist visa because the logical assumption is that the child will stay to live in the US with the parent.
 
thanks for your responses. i agree. a visitor/tourist visa is probably out of the question since she (the mother) is a resident already.

the main issue and our worry, with him being autistic, is the medical exam and final interview when they schedule him to go to the consulate after the initial paperwork is approved. he won't be able to answer any of the interviewers questions and will not be able to stand alone (I understand that in some instances they aren't letting mothers accompany children to the window).

any thoughts? :o
 
how did the mother get a GC and why didn't her son get it as her derivative?

if she applies for him, he'll have to wait for a visa number for 5+ years.
 
she got her GC via my wife who became a citizen in '06. the consulate informed mom-in-law that she would have to apply for her son. i thought this was strange, as he is a minor, but they said he needed his own petition. :(

we are aware of the wait time. my wife applied for him in '06 also but we figured that it may be faster if his mom applies for him now.
 
mvesce said:
she got her GC via my wife who became a citizen in '06. the consulate informed mom-in-law that she would have to apply for her son. i thought this was strange, as he is a minor, but they said he needed his own petition.
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Makes sense. Mom got a visa as an Immediate Relative, which does not have derivative beneficiaries.

Again, I suspect he's medically inadmissible, but this is worth a $50-$100 consultation with an attorney to find out.
 
I think he'd be admissible, provided somebody signs an affidavit of support for him. He is a minor after all, and can't work by definition any way.
 
LucyMO said:
I think he'd be admissible, provided somebody signs an affidavit of support for him. He is a minor after all, and can't work by definition any way.
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He's likely to a) be a public charge; and b) be inadmissible on health grounds. The affidavit of support cannot be used to overcome these two.
 
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