Help please on my parents¡¯ green card interview (cancer patient)

[whprofessor]

Hi everyone, I would like to get some suggestions on my parents’ green card interview scheduled in early Jan.

 

Some background information: parents both in their mid 70s. My mom is healthy but dad has colon cancer. It has been two years since his diagnosis. The cancer seems to be under control now and there might be another surgery coming up to completely get rid of the tumors but the decision has not been finalized yet.

 

Side note: They actually got green cards approved a few years ago, but their SB1 visa (returning resident visa application) was denied in Guangzhou in 2014 because ‘protracted stay abroad was not caused by reasons beyond control’. To be more specific, they applied for green card while they were in the US a few years ago and left US with advanced parole before the green cards were issued. SB1 visa was denied because they didn’t return to US within 12 months of the advance parole, as we were told by the officer even we have the physical green cards.

 

My questions are:

1. I know cancer might potentially impact the interview results due to the public charge factor. What is the possibility that they will be denied? Does anyone have similar experience?
2. Do we need to prove above and beyond financial records for support for my dad?
3. Do I need to get a lawyer to help me?

 

Any suggestion is appreciated. Thanks for your help in advance.

[Beachey]

1. I know cancer might potentially impact the interview results due to the public charge factor. What is the possibility that they will be denied? Does anyone have similar experience?

First, hopefully your father is able to make a full recovery. I think you need to investigate what effect the cancer might have on the medical exam he will need to take, I don't think you would have to directly even disclose he has cancer but I think they do blood work which might be abnormal. You might want to see if you can find a civil surgeon (an authorized immigration doctor in the USA) who is willing to consult with you on how his cancer might complicate the required medical/ This I don't think is your biggest problem.

1. Do we need to prove above and beyond financial records for support for my dad?

Your problem is you (or someone else) will have to sign a I-864 which makes you financially responsible for his care. The issue here is medical insurance in the US. Neither of your parents will be eligible for Medicare so you will be responsible. Your mother alone would likely be expensive but your father with an active history of cancer would likely be close to uninsurable if for no other reason I can't imagine what the premiums would be. If the consulate finds out he has cancer they might reasonably ask for proof of medical coverage, normally they don;t require any proof of coverage but it is not hard to draw a line where it is possible that he becomes a public charge even if you sign the I-864.

1. Do I need to get a lawyer to help me?

Lawyer probably not, but some good medical advice as above would likely be a good idea.

 

[whprofessor]

Beachey, thank you for the response. I really appreciate it.

We have signed I-864 for my parents, but I know the medical insurance/expense is a big issue no matter what.