What if I have or my spouse has a disability?
Accommodations
USCIS works with individuals with disabilities to provide reasonable accommodations that allow them to fully participate in immigration-related appointments and processes. Accommodations may vary depending on the individual’s disability and needs and may involve modifications to USCIS practices or procedures. USCIS considers accommodation requests on a case-by-case basis, and an accommodation does not exempt an applicant from meeting the underlying requirements of an immigration benefit. Examples of accommodations may include providing a sign language interpreter, allowing nonverbal communication, or permitting another appropriate form of assistance or communication when necessary.
My Disability Impacts my Income. What can I do?
The US government has established that intending immigrants who would likely become a public charge are inadmissible. A public charge is defined as, someone who receives benefits in any form from the government. Essentially, USCIS has the right to deny anyone a visa who will become primarily financially dependent on the US government, including those with disabilities.
If a sponsor’s income is insufficient, in the eyes of USCIS, to support their spouse, then the sponsor may consider bringing on joint sponsors. A joint sponsor pledges to accept financial responsibility for the beneficiary so they will not become dependent on the US government. Applicants are limited to 2 joint sponsors, in addition to their primary sponsor, the petitioner. USCIS cannot deny an applicant entry based on disability alone, so demonstrating income can contribute significantly to lessening the difficulty of achieving permanent residency.
Giselle M. Rodriguez is a Boston immigration lawyer who helps clients with marriage visas, fiance(e) visas (K-1 visas), and other family-based immigration options. Giselle is bilingual, speaking English & Spanish. Contact Giselle today to discuss your case.
Note: the information on this page is for educational purposes only, and does not constitute legal advice or an attorney-client relationship.