Legal Question in Immigration Law in Virginia

I am a legal resident of the USA (Green card Holder) we were brought to this country by my son who is a citizen. I have a son who is 17 years old and legally blind. I have applied for his green card but it can take up to 2 years. We live In VA and I would like to know if there is anything I could do to expedite the process to bring him over sooner since he needs me and my wife to get around.


Asked on 5/28/10, 12:30 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

Unfortunately, he will have to wait for his priority date to become current in order to immigrate. As an option, humanitarian parole sometimes is possible, but it can't be used to circumvent waiting for a priority date. Humanitarian parole can allow him to come to USA for up to a year.

If he is disabled/legally blind, you and probably your son, as a joint sponsor, will have a heavy burden to prove that he will not become a public charge when in USA, and you have resources to pay for his health insurance and other living expenses.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

I offer confidential telephone or email legal consultations and assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. Please email at Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Office Telephone line is 1-402-210-2040 (please EMAIL to schedule a consultation).

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Answered on 5/28/10, 4:04 pm
Philip Eichorn Hammond Law Group

If you can show that he needs your specific care and that the visa system currently keeps you from being together as a family, you may be able to obtain a humanitarian parole for him to enter the U.S. and wait for his visa number to come current. Our office has been successful with this type of case before however, each case is different as each person's facts are different.

In your fact pattern, you did not indicate when you obtained your LPR status. If you are eligible to naturalize, that will upgrade your preference petition for your son to an immediate relative petition.

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Answered on 5/30/10, 8:22 am


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