Extreme family issue

nadia_novia

Registered Users (C)
Greetings,

I applied for citizenship and waiting for interview. My mother is very sick and in coma for past 2 years, she came on visitors visa and had a sudden severe brain stroke. She is out of status and we are going thru extreme hardship to take care of her because there no insurance and neither can we send her back.

Will I fall into trouble if someone report to Immigration department about my mother? Will I be deported even after getting citizenship in future? What kind of danger my family will be and how can I protect myself from any threats to US citizenship?

Thanks.
Nadia
 
I don't think the situation will have any impact to your USC application.

On a different note, why didn't you (an your family) extended your mother's visa at the time due to emergency medical reason, and rather to have her being out of status? It just made the whole thing much more difficult for her.....
 
We were and still are in extreme financial, time, emotional and psychological crisis. If I get US citizenship, can I apply for her green card? How risky will that be? If she's denied will I be deported as well for not disclosing her out of status during my citizen process? If I keep quite as it is now, can anyone harm us by reporting to immigartion department. We are not only having hardship with her health situation , we are also living under constant tension of being caught, even though it's not fully our fault.
 
You can, after became the citizen. But, becasue her length being "out of staus", you just made it much more difficult compare to the nrmal "adjustment of status" process. She may not have the opportunuty to adjust her status while still be in US. That is why it is important to do everything it is possible to keep the status......

Again, regardless the out come, her situation will not impact yours. Whether you can be successfully adjust her status without her physically leaving the country first will depends on many facts. When the time comes, consultant an experiences attoney would be the best bet before make the situation even more difficult for her and other family memebers.
 
she is in coma and she cannot leave, no airline will accept her. By applying for her green card we were hoping to get support for medical or insurance plan.

But thanks for replying, it's a big relief to know I won't fall into trouble. Otherwise who will take care of her.
 
If she's in a coma, there are two problems. First, she is likely inadmissible based on medical reasons. Second, she is incapable of consenting to immigrate.
 
I just hope you are not someone in disguise. Anyway, I just can't believe that you are worrying about immigration consequences here than the health of your mom!!!! You should think of your mom's health than anything else especially when she is in such a critical situation.

Your mother illegal and medical status has nothing to do with your application for citizenship, nor it would negatively impact in any form in the future. And noone is going to come to your place to detain your mom just because she is out of status now. Further, once you become a US citizen and would apply the green card for your mom then your mother's out of status for whatever period wouldn't matter a bit because she would be considered an immediate relative (your mom) of a US citizen (you) on a visa peition (green card application). Immigration laws automatically forgive these kind of technical violations of immigration laws like overstaying, working without INS permission and like that...

So, don't worry about her chances of adjusting status in the future; instead focus on getting her medical help. But she would remain in comma then she won't be able to get her green card because she would be found ineligible to adjust status based on medical ground. And if you guys don't have money and means then it's my personal opinion that you should look to seek help for her in your home country if medical help is cheaper there...Of course, only if you cannot get medical help for her here.

Hope and pray for your mother to get recovered soon....
 
Thanks. We are taking care of her, at the same time looking for options to get financial support thru medicare or any other plans. With her out of status she can go to emergency but not for extensive treatments like hyperbaric, stem cell therapy. We don't have any support in our country as well because she is 60 and to qualify she has to be over 65. Home doctors and basic phys therapy is her only possibility and thats the best we are doing beside prayers of course. Thanks for you kind words and prayers. I was worried because if something happens to us due to immigration we won't be able to take care of her.
 
She is in US in our house (currently her home for past 2 yrs). She cannot go back to home country nor can we send her back, because no one will take care of her as much as we are. I completed Univ in US and have been working for past 10yrs. My house in US is her home and will be forever.
 
She was in ICU for 2 months and for 6 months in rehab. Rehab send her back home, with home doctor care and phys. therapy specialist. Doc come in every month for check ups but cannot do anything in treatment. She needs extreme care and someone has to be around full time. I pray no one should fall into this situation.
 
Even assuming your mom eventually gets her GC, she will not become magically eligible for Medicare (insufficient work credits), and private insurance is unlikely to cover a preexisting condition. State programs may provide some coverage for a limited set of chronic problems, but you need to check whether its even a worthwhile proposition.
 
JohnnyCash,

Isn't it true that they don't penalize people for being out of status if they overstayed a visa due to forces beyond their control, including medical reasons?
 
JohnnyCash,

Isn't it true that they don't penalize people for being out of status if they overstayed a visa due to forces beyond their control, including medical reasons?

The issue here is people need to bring those issues/circumstance up front, rather let the status to became "out of status", then expecting the "system" will taking care of the stuation. There is some principle difference.

I am not applying there is any "wrong" doing in OP's circumstance, but, a simple application of extension under medical care will certainly make things much easier.....
 
Also, under SS reforme act, even you successfully obtained GC for your Mom, there will be no Medicaid benefit for her. In fact, if you as a sponsor for her visiting visa and GC, you are utimately financially resonsible for her boarding and medical needs. SSA and Medicaid rules have changed a lot as years ago.
 
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JohnnyCash,

Isn't it true that they don't penalize people for being out of status if they overstayed a visa due to forces beyond their control, including medical reasons?

Jack,

There is no any provision in US immigration laws which forgives overstaying due to medical reason or any other reason beyond someone's control. However, there is a humantarian ground, though, which is worth trying, but it's dealt case-by-case basis and it's extremely difficult to obtain even if there is a reason beyond someone's control. Plus, humantarian ground is sought out by someone who is unable to get a US visa to come to US for a compelling reason than by the person who is already here.

In the case in hand, OP can seek extension of her mother's visa, but USCIS is very tough in extending a temporary visa, believe me. And even if visa is extended then it would be just for another 6 months which might be enough in her situation. Also, it costs money to extend a visa as a fee, and don't forget that OP's financial condition is not that good. In my opinion, why OP's mother should seek extension on her visa and waste money on it as a fee when her overstaying wouldn't be a problem at all when OP would file the green card for mother after becoming a US citizen?? Besides, getting the necessary medical help for mother should be the only concern OP should have at this time than worrying about extension of mother's visa or mother's overstaying status or anything else for that matter.

If you are talking about the possibility of some kind of waiver for OP's mother for her to overcome her medical problem so that she could obtain green card in the future then there is no such waiver for this kind of medical problem unless OP knocks the door of any congressperson who could introduce a private Bill for OP's mother. And you and I both know that this route is none to impossible.

As for medical help for OP's mother, then she wouldn't be able to get medicare because in order to get medicare she must need to be 65 and must have contributed in the system. And she won't be able to get medicaid either because one must need to be a legal resident at least for 5 yrs in order to be eligible for it. Private insurance is VERY expensive here in her age. And it's extremely difficult to find a medical insurance company who would issue a medical insurance to someone who already has a medical problem. All she can get in US is emergency medical help, and that's what OP is happy about getting for her mother, in my opinion.

If I were in OP's situation, then I wouldn't have cared if US is my home or not, or if I've studied here by going to a University or not, or overstaying status of my mom, or anything else like that; instead I would have taken my mom to any place in this world wherein I could afford her medical treatment given my financial situation than keeping my mom over here in the US knowing that my mom won't be able to get the medical help she desperately needs and I would have definately taken her other place outside the US knowing that I cannot afford her medical treatment over here given how expensive medical treatments are here in the US and given my financial situation. But I cannot speak for others.

I don't know why I feel that OP is just looking a way/reason to justify her mother to be here so that OP could file a green card for her when OP becomes a US citizen, which made the OP to come over here to ask questions about her overstaying status and talking about US is his/her house and that s/he studied here and other stuffs. It becomes more apparent when OP admitted itself that OP's mother doesn't have anyone in her home country to take care of her mother...Anyway, it's not my business...
 
Greetings,

I applied for citizenship and waiting for interview. My mother is very sick and in coma for past 2 years, she came on visitors visa and had a sudden severe brain stroke. She is out of status and we are going thru extreme hardship to take care of her because there no insurance and neither can we send her back.

Will I fall into trouble if someone report to Immigration department about my mother? Will I be deported even after getting citizenship in future? What kind of danger my family will be and how can I protect myself from any threats to US citizenship?

Thanks.
Nadia

You should inform your own consulate in the USA. I spoke to the British consulate about a similar situation and according to him the uscis will turn a blind eye to your mother being illegal
 
can't s/he (petitioner for her/his comatose mom) contact senator/house of representative to write a new bill to grant green card/US citizenship to coma people/disabled people who were not able to go to their home countries on humanitarian ground or medical ground? (similar to "grant US citizenship to posthumous citizenship" law.)
 
Thanks for all ur replies. I needed GC for her medical or rehab assistance only, but since she cannot sign nor go thru GC process, we won't even try for it. Also even if by some miracle she gets it, i think you are right on the fact that she will not get insurance or medicare because of her age and condition.

They is no possibilty of travelling by air to any other country at all, because no airline will allow it. They told us to contact special private domestic airlines which only extremely rich can afford. Also if we take her to some other country for stem cell therapy, we won't be able to bring her back in US. we also need to retain our jobs to pay her bills and ours too. At this point we are taking one day at a time and trying to take care of her ourself without any help. Her condition is very severe and recovery is extremely slow.
 
My compassion to you. That is hell. I was thinking, maybe you could try to find some sponsors; like some kind of a charity. There are so many rich people in this country that want to "buy" a place in heaven. This will be a good chance for them to do somehting really humanly. I mean transporting your mom overseas so she can get the much-needed help. Hope you mother gets better. Good luck with your interview.
 
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