Green card process for my homeridden father

[Mythili Bhatt]

 

 

This question is pertaining to my father.

 

My brother and I, and our spouses are all naturalized US citizens. My parents are Indian citizens with multiple-entry US visa. They are currently in the US on their third visit.

 

My father, 69 yrs old, is a dementia patient at an advanced stage. He is homeridden and unable to be available either for an interview or for medical examination. 

 

Do you know if there are exemptions or specific procedures we need to consider to apply for his green card? How does this affect the speed and approval of his green card?

 

Thank you in advance for your responses!

[t75]

He was well enough to travel to the US. He is obviously capable of appearing for medical exam and interview or he would not have been allowed to board an airplane and enter the US. He is obviously not completely homebound as it is unreasonable to believe that he is not exiting the residence for medical care and other activities since he was able to travel to the US not once but three times.

 

I expect you want these waived because he would be excluded because he would likely be judged as at risk of becoming a public charge and thus be excluded.

 

As USCs, you and your brother are free to return home with them to care for him.

 

There are far more compelling reasons for special treatment of GC aspirants than that you have presented.  If you want his to try for a GC, stop making excuses that are not believable -  remember, he was well enough to get on a plane, fly to the US and enter. If he gets his GC, he will be leaving the residence for many reasons - including visits to the doctor. Get a reality check. He can certainly "be available" for the required activities; get in a line which is far shorter than for most people. If he get the GC fine; if not, apply for a humanitarian extension of his visit visa. The only you reason you could possibly be concerned about a GC if he is so frail is for the benefits that a LPR can obtain - IE free money from the taxpayers.

[Mythili Bhatt]

Dear responder, please read how dementia progresses over time: http://www.**********.org/

 

My father is diagnosed with FTD, which rapidly progresses to deteriorate your speech, memory and personality. At this point, my father is unable to speak at all. The past US trips were over three years ago, and you are right, he was in a better condition at that time and only required limited special care. 

 

We recently brought my father with great difficulty and care, through heavy sedation, carrying him and on wheelchairs, and special permissions by medical staff as well as airline staff and on business class on a direct flight. We brought him here because my mother, his primary caregiver, is no longer able to look after him alone and requires support from us. For my brother and I, as US citizens who have spent longer years here than in any other country, this IS "home".

 

I heard from someone that USCIS can potentially do a home visit for homebound patients. Is that true? Does anyone have further information on this? Also, can medical examinations, if not waived, be requested to be conducted at home as well?

 

"The only you reason you could possibly be concerned about a GC if he is so frail is for the benefits that a LPR can obtain - IE free money from the taxpayers." - I am not sure I understand this point - are there reasons to deny a GC based on medical care required by an applicant?

[pontevecchio]

Please discuss specifics with the firm of Murthy. Think extremely carefully whether you guys can provide home care for him if needed.

[Mythili Bhatt]

We are already providing him home care for 12 hours a day, having found certified nursing assistant through care.com

[pontevecchio]

In that case have the firm of Murthy or any of your choice help you with the process.

[t75]

I am very familiar with dementia as I cared for my mother with it. I also know that you will find it necessary to institutionalize him at some point since you will require 2 or 3 people each 12 hour period.  Are you prepared for bills pf upwards of $12,000 per MONTH? It is not likely and so you will want to dump him on Medicaid.

[Mythili Bhatt]

I would really appreciate if someone from Murthy attorney group can respond. 

[catx]

If you want legal advice from an immigration attorney from Murthy (or any other law firm) you need to contact them directly for a consultation and pay the requisite fee -- which is advisable in your situation.  This is a public Internet forum and not a place to get free legal consultations.

[t75]

Yes,  if a person can be expected to become a "public charge" then a GC can certainly be denied. Will it? No one can predict. However, your conduct in bringing him to the US rather than going through DCF for a GC demonstrates that you do not really care about what the answer might have been.

 

Are you planning to have him overstay his visa?  How do you plan to pay for his medical care? Only emergency medicaid is avaible to visitors.  Ongoing care for a frail dementia patient is not an emergency in the eyes of the medical community. Based on the shortage of doctors to care for new insured individuals, what medical group would want to take on an uninsured illegal requiring extensive - likely uncompensated - care?  How do you intend to obtain his medications if you have no doctor?  How do you plan to pay for prescriptions? Some of my mother's were of $250/month - and she had many.

 

You were really foolish to have him endure a long journey for YOUR convenience before determining the feasibility of your plan.,

 

I am not unsympathetic to your situation, however, the US taxpayers cannot care for everyone needing care - even if their family lives in the US.  It would be a different story had he immigrated earlier, worked for 10 or more years contributing to the US economy. He would reap the benefits now. However, he did not, and we have too many US workers who need the help as well. I expect that you will keep him in the US no matter what the answer is; you will have to bear the financial burdens alone as well as the distrust and scorn of your friends and coworkers. (I would not knowingly choose to hire someone that I knew to be harboring an illegal in their home no matter the family relationship; there are too may law abiding individuals who are looking for work.)

[nutsy]

Yes,  if a person can be expected to become a "public charge" then a GC can certainly be denied. Will it? No one can predict. However, your conduct in bringing him to the US rather than going through DCF for a GC demonstrates that you do not really care about what the answer might have been.

 

Are you planning to have him overstay his visa?  How do you plan to pay for his medical care? Only emergency medicaid is avaible to visitors.  Ongoing care for a frail dementia patient is not an emergency in the eyes of the medical community. Based on the shortage of doctors to care for new insured individuals, what medical group would want to take on an uninsured illegal requiring extensive - likely uncompensated - care?  How do you intend to obtain his medications if you have no doctor?  How do you plan to pay for prescriptions? Some of my mother's were of $250/month - and she had many.

 

You were really foolish to have him endure a long journey for YOUR convenience before determining the feasibility of your plan.,

 

I am not unsympathetic to your situation, however, the US taxpayers cannot care for everyone needing care - even if their family lives in the US.  It would be a different story had he immigrated earlier, worked for 10 or more years contributing to the US economy. He would reap the benefits now. However, he did not, and we have too many US workers who need the help as well. I expect that you will keep him in the US no matter what the answer is; you will have to bear the financial burdens alone as well as the distrust and scorn of your friends and coworkers. (I would not knowingly choose to hire someone that I knew to be harboring an illegal in their home no matter the family relationship; there are too may law abiding individuals who are looking for work.)

 

t75 - Your post and your comments are completely off-base. Your post has so many wild assumptions that are completely not founded in reality. I doubt you had a relative with dementia you cared for and you see a name like Maithili and go off on a racist rant on illegalities, burden to the taxpayers, etc etc. No one here appointed as a moral arbitrator and would be really useful if you keep your comments to question posed. Please keep your comments to the topic at hand and don't start casting aspersions on anyone whose situation you are not privy to. 

 

Here are some of the things that OP posted:

 

1) The OP already has 12 hours care via care.com. That means they are currently paying for it with their money. 

2) The OP brought her dad via legal means. Change of status while on visitor visa is legal. Is it not?

 

Here are some additional facts for you:

1) You dont need to have 10 years of service to avail of medicare. You can still buy-in medicare coverage if needed.

2) Insurance via Obamacare (ACA) is available to green card holders.

3) As citizens the OP has a right to sponsor her dad/mom/brother or sister for a Green card. This is the law and its not illegal.

 

The question that the OP has is straightforward : 

 

Given the physical condition of her dad, can she apply for his GC? If yes, are there exemptions available given his medical condition? Is it a possibility to grant exemption to interview process.

[bizimran]

Hi Mythili,

I am so sorry for your father's condition. Were you able to find relevant answer to your questions anywhere?

My father has mild dementia, but is in good health otherwise. Fortunately his problem has not progressed much in past years.

 

Only issue is he could not answer the interview questions for his B2 visa- gets nervous and cannot quickly recall info. 

I am seeking the right person/ firm for answers. Most of firms are clueless on how to handle such situations.

Please let me know if you have/ get any leads.

 

Thanks!

[t75]

Contact the local office of the firm sponsoring this forum. They are one of the most likely to be able to assist you.

 

He will be unable to travel alone. Have him appear for the visa interview with the individual with whom he is traveling (assuming they also need a B2 visa). 

 

You need to consider the effects of him being away from his home even for a short time.  People with even mild dementia can be stressed by changes in scenery and routine (yes, I did care for a parent with dementia which went from mild to moderate); the relocation from her longtime home to my city which she had visited numerous times left her confused in her normal activities but she did not have the significant adjustments of a new country, food, language, etc. I suggest you have him thoroughly evaluated by a geriatric dementia specialist BEFORE making plans. Remember it is YOU that wants him to visit; it is likely that he is happy to remain in familiar surroundings with people and caregivers he is familiar with.

[rahul412]

Have you called murthy firm for help??

[t75]

Must have 5 years of GC and over 65 to buy into Medicare. Medicare does not pay for everything and does not cover nursing home care except as short term rehab for a few situations. 

 

I've been there. The cost of caring for a terminally ill, bedridden person in a nursing home 10 years ago was over $12,000 per MONTH - and she had very good supplemental insurance so this included NO medical bills and few prescriptions.