Legal Question in Immigration Law in New York

immigrant visa to cerebral palsy dependant individual

Dear Sir,

My wife Asha has received immegrant visa application processing fee bill for her and husband --name removed--for I-130 Petition filed by her brother on april 5, 1993. The petition was filed for Asha alnog with other as dependent beneficiary--name removed--and three children Nimesh ,Vishal and Pratik. As childern have crossed the age of 21 years and are aged out, no visa can be granted to them.

One of the child of Ashaben by name Nimesh is physically handicapped and mentally retarded. He is suffering from microcephaly with cerebral palsy (spastic triplgia) child. at present his age is 35 years. He is totally dependent upon others for all his needs.

Can Ashaben at the time of her applying for her immigrant visa make a request to grant visa to her son Nimesh as a dependent child in the aforesaid case?


Asked on 6/01/05, 6:27 pm

1 Answer from Attorneys
William Frenkel Frenkel Sukhman LLP

Re: immigrant visa to cerebral palsy dependant individual

There is some relief for children as derivative beneficiaries of a family-based petition for immigrant visas who aged-out after August 6, 2002 under the Child Status Protection Act of 2002. The legal analysis under this new law is rather complicated and requires a full understanding of your individual factual situation so an immigration attorney's guidance is essential in your case. There may also exist a possibility of applying for a humanitarian parole on the grounds of your son's disability but again it is a highly fact-specific analysis that cannot be performed online in this forum.

This reply is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 6/02/05, 7:29 am


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