green card for sick mother

V

vshankar

Registered Users (C)
It is a bad situation we are in. My husband is a US citizen and his mother who lives in India and who is now currently in the UK (she visited us and then went to the UK to stay with my brother-in-law), has been diagnosed with a brain tumour.

Questions:

1) As a US citizen , can he still apply for a green card for his Mom?
2) If he can, then is there a way to expedite the processing citing health reasons?
3) Is such a green card likely to be rejected citing health reasons
3) She is now in the UK which is not her country of residence . Can an I-485 be processed for her from there?

Any info that anyone can give me will be much appreciated. We are exploring the possibility to having her here for some treatment.

Thanks in advance.
 
My take:
1)Yes your husband can petition for his mother.
2)Not sure about citing health reasons as he has to sign under oath, that she will not be a publuc charge wrt her health insurance and care.
3)Health insurance if she is going to get is going to be over the roof.Pre-existing conditions might not be covered
4)She has to wait for 5 years until citizenship for medicaid
5)You can apply rt now from here for consular processing in India. Will probably get her interview/approval in 9 months
6)Need to have certain documents ready like Birth Certificate/Marriage certificate/Certificate of non-availability/notaries/stamp paers(or atleast get started on them).This can take lot of time.
7)Better to get health insurance in India, to atleast show here that you had previous coverage.
8)Best of luck and will update if I remeber anythng else or come across anything.
 
Thanks a ton!

My m-i-l has a brain tumour and that has resulted in severe short term memory loss and aphasia. I am not sure if she can go through a consular interview meaningfully.

Could that be grounds for rejection?

Thank you all again
 
I'm really not sure. This can act out either way. She does not have a communicable disease which is grounds for immediate rejection or atleast a deferred decision until they get treated and on the other hand her illness may make them think that she might become a public charge, even though that is not the intention.
One more thing they are going to be looking is bank statements for bank balance to see how much/long she could be supported. So everything comes into play here.

Please check with an attorney (but honestly I feel they would say the same too). If you choose to talk then talk to either Rajiv or Sheela diectly as they would have seen different flavors of such issues vs talking to some body lower down the rung.
 
Does your mil have a visa to enter the US? If yes, she can come here for treatment and you can file for her 130/485 here itself to adjust her status to perm res.
My spouse's 70+ yr grand aunt moved to the US to live with her daughter and son inlaw and she had brain surgery as well. I get the feeling they paid for all the expenses since insur will not even consider such cases for coverage. Do all you can to help her but do not expect miracles from neurosurgery.
 
The problem with adjustment of status here in the US is that, B1/B2 visa is not dual intent and that is a slight risk.
 
for medical resons it would be better for her to stay in UK. In my opinion, and working with UK doctors they can do the same in UK as in the USA. so for healt resons you would probably just have to pay more in US and get the same treatment.
 
uhbiv said:
The problem with adjustment of status here in the US is that, B1/B2 visa is not dual intent and that is a slight risk.
Click to expand...

A B1/B2 visa is a non immigrant visa. so she cannot stay in the usa and change status

Would recommend booking info pass to file for mother and explain condition with proof, it may help speed up process but doubt it, sorry
 
LucyMO said:
unlike B1, H1-b is a dual intent visa.
Click to expand...

Yes, but one does not need to be in H or L status to adjust status. Plenty of folks do so from B, F, J, TN, TD and other non-immigrant statuses that do not have explicit dual intent protections. There are very few statuses that explicitly prohibit filing of an I-485; C comes to mind immediately.
 
yes, but the intention in this case is to enter on B1 and immediately file for AOS.... it's a no-no.
 
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