Q & A June 26, 2005

Q & A 1.

Q&A 1.

Can Person Married to U.S. Citizen Bring Disabled 22 Year-Old Son with Her to U.S.?

Fang Reader asks:

If I marry a U.S. citizen, can I bring my 22 years old disabled son, who can not live by himself and have a disability medical certificate, to immigrate to the U.S. with me?

Mr. Lee Answers:

Unfortunately, the law does not allow for the spouse of a U.S. citizen who is being petitioned for by a U.S. citizen to also bring a child to the U.S. permanently unless the marriage was celebrated prior to the child turning the age of 18. A possibility is that U.S.C.I.S. might grant a parole for him to come to the U.S., but the chances of that happening are not great because the contemplated period of stay would be permanent and he does not have reasonably quick relief available to him which might make it more palatable for U.S.C.I.S. to grant a parole. The period of time required to sponsor him by you would be five years at the earliest (calculating the fastest time for you to become a U.S. citizen and the most optimistic time frame for the F-11 category for unmarried sons of U.S. citizens).

Copyright © 2003 - 2005 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.