My nephew is 28 and is in USA with F1 status. He is on remediations courses after he failed badly in college courses. He has been diagnosed ADHD. His father, mother and one brother got Green Card approved recently based on labor case for employment in Hotel . But he was greater than 21 when parents applied for green card. He is in USA since 2000. He incapable of living his life independently. He is significantly impaired socially and academically. He has been in mediation courses for 3-4 years but does not find himself that he can do college courses anymore. He feel extreme inconfidence in taking little challenge likely paying bills online and follow the procedures for paying the minor traffic violation ticket. His all family is in USA and he feel very bad thinking to return to PAKISTAN and live there independently and without anybody knowing him.Is there any base that could be possible to apply for his permanent status in USA on the basis that 1)he has diagnosis of ADHD by a psychologist 2) he cannot live independently 3) he is not making any progress in remediation college courses and he is stuck in his life at one point. Without permanent legal status in USA it impossible to put him into a school based on his need. 4) His Mom , Dad and Brother has Green card. They are worried thinking he might need to return his home country one day. 5) his one Uncle is M.D. And want to adopt him to get him put into the programs designed for his needs.
Unfortunately, it doesn't really look good for him. The ADHD doesn't help beause the law changed in the 1990s so that it is hardship to others that they take into consideration, not hardship to him. He basically has 3 options:
1) Wait for an Immigration law to come out that will help him. I have high hopes that next year or maybe the following, something good will come out.
2) Apply for Asylum (he had to have done this within the 1st year be being in the U.S. unless there are changed country conditions), Withholding of Removal, Convention Against Torture, or Cancellation of Removal. The first three things are if he fears to return to his home country because he believes that he will be specifically targeted due to his race, religion, nationality, social group or political opinion and that he runs a high risk of great bodily injury, torture, or death as a result. The last, Cancellation, he would have to prove that he has at least 10 years in the U.S. AND he must also prove that if he is deported, a U.S. Citizen or Lawful Permanent Resident that depends upon him will suffer exceptional and extremely unusual hardship. This hardship must be something more than emotional separation hardship or financial hardship, so it is difficult to get.
3) If he marries a U.S. Citizen (for love, of course), he could file for Residency in the U.S. without having to leave and the same thing if he has a U.S. Citizen son or daughter over 21.
I am truly sorry for the bad news, but the options are very limited at the moment. Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge, if not, please do not forget to click ACCEPT. I am not paid a salary. Clicking accept is the only way that I can get paid for helping you. When you click accept, you are not charged again and we can continue to communicate without additional charge if you have a few follow-up questions. If there is a delay in getting back to you it is either because I am answering other questions or I had to log off, but I will be back with you as soon as possible. If you would like to request me in the future, just put my name on the subject line. Positive feedback for my service to you (not the state of the law as it is) is always appreciated as well as any bonus if you think I deserve it. Thank you.
10+ years of experience in various aspects of U.S. Immigration Law.
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