non-accompanying father has (hypertension and kidney)medical problems...

[danica228]

hi... i need your advice with our situation.
My mom is in Canada... we're under the LC2 application...I had my medical exam last March 2010 in Cebu however my father wasn't able to undergo medical exam at the same date because he wasn't permitted by our doctor to travel to Cebu. He had his Medical exam last July 2010 and we were referred to other doctors for further evaluation (ENT and internal medicine).

With the health problems of my father, can this affect or delay the processing of my Visa(i'm 21 and the age limit is 23, dependent child)?
Since he's non-accompanying and can or cannot pass the medical (hopefully he can), what are our options with this case?

 

[Leon]

If your mother is applying for PR and including your father on the application, even if he is not accompanying, he still needs to pass the medicals. If he fails to pass the medicals, it would cause your mothers application to be denied as well as yours. If that were to happen, if she still wants to get her PR, she would need to divorce/separate from your father before that could happen.

If you want to keep the status of a dependent child after the age of 22, you need to be a full time student since before your 22nd birthday and continue to be a full time student until you land as a PR. You also can not get married or enter into a common-law relationship. If your mother has applied for PR before you turned 22, your age is locked in and you do not have to be a student but you still can not get married.

 

[rosellyalung]

pls update us about the medical of your father thanks!

 

[PMM]

Hi

If your mother is applying for PR and including your father on the application, even if he is not accompanying, he still needs to pass the medicals. If he fails to pass the medicals, it would cause your mothers application to be denied as well as yours. If that were to happen, if she still wants to get her PR, she would need to divorce/separate from your father before that could happen.

If you want to keep the status of a dependent child after the age of 22, you need to be a full time student since before your 22nd birthday and continue to be a full time student until you land as a PR. You also can not get married or enter into a common-law relationship. If your mother has applied for PR before you turned 22, your age is locked in and you do not have to be a student but you still can not get married.

1. If the OP was under 22 when the application was submitted, his age is "locked in" he doesn't have to remain in full time studies still has to remain a dependent, no marriage or common-law.
2. A divorce separation won't work, as the processing office would see it as just a convenience.

 

[danica228]

Leon, Rosellyalung, PMM

Thank you for that substantial information.
Sorry it took me a long time to engage in this forum again because of other priorities.

We asked help from an immigration attorney to help us out with our papers so we finally decided for the option of divorce. (2010)
It took us several months to decide because it is a major decision making to do.
We went through the re processing of the papers excluding my fathers name.(2011- divorce papers)

Last year, we were able to receive letters from the embassy to pass my NBI. (Nov 2012)
We are fervently hoping for more positive progress of our immigration papers.

Another issue to rule out is the dependency status:
I am turning 24, single, unemployed and not a full- time student in a university. Also I haven't accepted any job offers locally.
To maintain such status, I went through continuous trainings as a nurse and other related trainings for almost 2 years since the time I graduated (2010). I still have to confirm my mom about the date of PR application so that I can consider my age status as "locked in".

danica228

 

[PMM]

Hi

Leon, Rosellyalung, PMM

Thank you for that substantial information.
Sorry it took me a long time to engage in this forum again because of other priorities.

We asked help from an immigration attorney to help us out with our papers so we finally decided for the option of divorce. (2010)
It took us several months to decide because it is a major decision making to do.
We went through the re processing of the papers excluding my fathers name.(2011- divorce papers)

Last year, we were able to receive letters from the embassy to pass my NBI. (Nov 2012)
We are fervently hoping for more positive progress of our immigration papers.

Another issue to rule out is the dependency status:
I am turning 24, single, unemployed and not a full- time student in a university. Also I haven't accepted any job offers locally.
To maintain such status, I went through continuous trainings as a nurse and other related trainings for almost 2 years since the time I graduated (2010). I still have to confirm my mom about the date of PR application so that I can consider my age status as "locked in".

danica228

I hope your mother realizes that if she gets her PR she is not going to be able to remarry you father and then sponsor him so that he doesn't have to meet the medical excessive demand? Any application by your mother for him will most likely be refused under

"New relationship

4.1 For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the foreign national has begun a new conjugal relationship with that person after a previous marriage, common-law partnership or conjugal partnership with that person was dissolved primarily so that the foreign national, another foreign national or the sponsor could acquire any status or privilege under the Act."

 

[Cityofsmiles]

This message is for Leon,
Hi i am new here I have a question hope you can help me, I was petitioned by my citizen son with 2 dependent in pinays at the moment im here in ( California) my dependent in pinays we have approved petition filed by my son Dec 2006 all docs done only problem is my other dependent was inadmissable. My question is will our visa be denied cos my other dependent is admissable? Our papers is in Final decision. Thanks

Cityofsmiles

 

[Leon]

This message is for Leon,
Hi i am new here I have a question hope you can help me, I was petitioned by my citizen son with 2 dependent in pinays at the moment im here in ( California) my dependent in pinays we have approved petition filed by my son Dec 2006 all docs done only problem is my other dependent was inadmissable. My question is will our visa be denied cos my other dependent is admissable? Our papers is in Final decision. Thanks

Cityofsmiles

If your dependant is inadmissible, you will be refused unless you can either make your dependant admissible or remove them from the family class.

Making the dependant admissible depends on why they are inadmissible. If it is because of medicals, you could try to prove that their medical is not as serious as immigration believes. If it is because of criminal activitiy, it is a bit harder but depending how long since their crime, can they get a pardon etc., you may be able to do something.

Removing the dependant from family class could be like in the case above where a woman divorced her husband because he was inadmissible in order to get immigration for herself and her family. If the inadmissible dependant is a young adult, you may be able to remove them based on that they are old enough to take care of themselves. If they are in a common law relationship or get married, their removal from the family class is easy. If they are a minor child, you can not remove them from the family class unless they are adopted by someone else thereby severing legal ties to yourself.

 

[Cityofsmiles]

Hi leon thanks for your advice, my son's medical is the problem cic wrote me a letter regarding that if i want to take my son to canada we have to proved that we can take care of his medical bills as of cic can only proviide assisstance maybe 25 0/0 of his medical bills so what i did I request CIC to cancel one of my son's petition and i request CIC to grant my visa and my other son's visa their age are 23 and 24 this year and they are already adult. I just hope and pray that CIC will grant us our Visa please pray for us also like others waiting for their Visas. Thanks so much.God bless

cityofsmiles

 

[PMM]

Hi

Hi leon thanks for your advice, my son's medical is the problem cic wrote me a letter regarding that if i want to take my son to canada we have to proved that we can take care of his medical bills as of cic can only proviide assisstance maybe 25 0/0 of his medical bills so what i did I request CIC to cancel one of my son's petition and i request CIC to grant my visa and my other son's visa their age are 23 and 24 this year and they are already adult. I just hope and pray that CIC will grant us our Visa please pray for us also like others waiting for their Visas. Thanks so much.God bless

cityofsmiles

CHC won't remove one of the dependants from the application, if they are still dependant. If one person in the family is inadmissible, the whole family is inadmissible.

 

[Cityofsmiles]

Hi leon,

But they are adult now and i'm here in california their in the Pinas their ages are 23 and 24 this year? Our meds was done january and march 2012 when CIC recieved our meds i got a letter from CIC to send our FBI NBI and their Docs to proved they are single. Thanks

 

[Cityofsmiles]

Hi leon,

But they are adult now and i'm here in california they are in the Ph their ages are 23 and 24 this year? Our meds was done january and march 2012 when CIC recieved our meds i got a letter from CIC to send our FBI NBI and their Docs to proved they are single. Thanks

 

[Cityofsmiles]

Hi Danica228
Puedi ba mag tanong can you give me the name of the lawyer who helped your mom, is that lawyer in manila
I think i need to see a lawyer regarding our papers.Thanks

Cityofsmiles