Hi all,
I sponsered my parents and my two brothers in 2004 from India. My younger brother has cerebral palsy but his condition is not bad like some of the other people you might see with the same condition. He can eat and bath himself, helps around the house with chores, can ride a bycycle, can drive a tractor, knows everything about TV and movies and so on. He knows who is who as far relations and is socially very developed comparing to other patients with the same condition.
My family had their interview and medical done towards the end of 2009. The interview officer really liked my brother and asked couple of questions through the translator to which he answered correctly. When they received their medical, my brother was asked to go through the special medical that is designed for people with that condition which means he had to go through an IQ test.
While going through the IQ test he got nervous and messed up on couple of things. So the neurologist gave him an IQ of 40 which was very low for him and I think unfare considering he only messed up on couple of things.
Towards the end of April 2010, my parents received this letter saying my family might be inadmissible on health grounds unless we can provide immigration with our individualized plan to provide him with social services the immigration thinks he will require and our ability and intent to bear the financial costs related to those social services. The social services recommended are special education to improve life skills, independence training, assistive technology and additional community support; occupational therapy, respite care services and long term care facility services.
Tell you the truth my brother really doesn't need any of these services as he knows how to behave in society, he wouldn't need to work so no occupational therapy needed. We have always taken care of him ourselves because it gives us the satisfaction that he is being cared for the best so no respite or long term care facility needed. But even if we have to use any of these services, we are very financially sound so we wouldn't have any problem.
We were just about to write the letter to the immigration explaning all this and our intent to bear all financial costs that I thought I should consult a lawyer here just for a second opinion. What he told me was a big shock to me. He told me that even if you tell immigration that you will take care of providing all these services to him, there is a chance of greater than 90% that immigration will refuse his case. But then you appeal it and you will win 99%. I was shocked again thinking why would immigration waste their time and money and our time and money only benefiting the lawyer who we will hire and who is charging over $10k for the response to the letter and the appeal. Isn't it something that immigration should avoid to the best possible extent. The only person wins here is the lawyer who will make a big chunk of money and spend it on his luxuries while the immigration and my family will waste time and money.
At the end, just want to ask, has anybody else has similar kind of experience. If yes, what is your opinion in regards to this. Also if senior members (Leon and PMM) have any information that will help me with this, please feel free to share. I would greatly appreciate any help I could get.
Thanks in advance and sorry for the long story,
I sponsered my parents and my two brothers in 2004 from India. My younger brother has cerebral palsy but his condition is not bad like some of the other people you might see with the same condition. He can eat and bath himself, helps around the house with chores, can ride a bycycle, can drive a tractor, knows everything about TV and movies and so on. He knows who is who as far relations and is socially very developed comparing to other patients with the same condition.
My family had their interview and medical done towards the end of 2009. The interview officer really liked my brother and asked couple of questions through the translator to which he answered correctly. When they received their medical, my brother was asked to go through the special medical that is designed for people with that condition which means he had to go through an IQ test.
While going through the IQ test he got nervous and messed up on couple of things. So the neurologist gave him an IQ of 40 which was very low for him and I think unfare considering he only messed up on couple of things.
Towards the end of April 2010, my parents received this letter saying my family might be inadmissible on health grounds unless we can provide immigration with our individualized plan to provide him with social services the immigration thinks he will require and our ability and intent to bear the financial costs related to those social services. The social services recommended are special education to improve life skills, independence training, assistive technology and additional community support; occupational therapy, respite care services and long term care facility services.
Tell you the truth my brother really doesn't need any of these services as he knows how to behave in society, he wouldn't need to work so no occupational therapy needed. We have always taken care of him ourselves because it gives us the satisfaction that he is being cared for the best so no respite or long term care facility needed. But even if we have to use any of these services, we are very financially sound so we wouldn't have any problem.
We were just about to write the letter to the immigration explaning all this and our intent to bear all financial costs that I thought I should consult a lawyer here just for a second opinion. What he told me was a big shock to me. He told me that even if you tell immigration that you will take care of providing all these services to him, there is a chance of greater than 90% that immigration will refuse his case. But then you appeal it and you will win 99%. I was shocked again thinking why would immigration waste their time and money and our time and money only benefiting the lawyer who we will hire and who is charging over $10k for the response to the letter and the appeal. Isn't it something that immigration should avoid to the best possible extent. The only person wins here is the lawyer who will make a big chunk of money and spend it on his luxuries while the immigration and my family will waste time and money.
At the end, just want to ask, has anybody else has similar kind of experience. If yes, what is your opinion in regards to this. Also if senior members (Leon and PMM) have any information that will help me with this, please feel free to share. I would greatly appreciate any help I could get.
Thanks in advance and sorry for the long story,
