Eventual US green card with a disability?
Posted by WeirdAndTired04@reddit | AskAnAmerican | View on Reddit | 25 comments
Hi. This might be a strange question but does anyone know if severe physical disability disqualifies me from obtaining a US green card? I'm European, dating an American, and we're discussing our options. I'm in a wheelchair and unable to hold a job (mostly due to access issues, in theory I could WFH, it's just not really a thing where I live) and don't have university education. Could I still relocate to the US eventually through marriage (in about 5 years is the timeframe we're looking at)? We are under the impression that as long as we're married, I wouldn't be eligible for any disability related government income anyway so it should be fine.
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raspberryemoji@reddit
I’m an American that recently had their spouse move to the US via marriage from Europe. You’ll probably be fine just visa wise, but what you have to think about is health insurance once you get to the US. I know it’s quite grim, but you most likely won’t be covered by Medicaid until you’ve been a green card holder for at least 5 years, and it doesn’t sound like you would be able to get health insurance through an employer. If I were you I would be looking into having the American partner move to your country through marriage.
WeirdAndTired04@reddit (OP)
We're definitely considering the option of my partner moving instead but that's a whole mess in itself. My partner says that I should be covered under his insurance.
tcrhs@reddit
Don’t trust “should be covered under his insurance.” Know for certain before either of you consider a move to a different country. It would be a dumb move not to know that definitively first.
WeirdAndTired04@reddit (OP)
Of course. We had barely just started considering the possibility of me moving rather than him. We'll definitely find out soon.
kmoonster@reddit
Financial or material support for a disability is a nightmare, especially if you get married.
But for work, living, immigration, getting around -- on all those points there shouldn't be many issues.
WeirdAndTired04@reddit (OP)
I know that financial support would be lacking, my hope is at least being on my partner's insurance plan lol
Prior-Soil@reddit
If married, you can be on your partners insurance for sure. Some companies will let you be on it without marriage as well. As of now, your pre-existing disabilities will be covered.
If you want to work, after you become a citizen should qualify for vocational rehab. This is a program that will try to help you find a suitable position and keep it.
OhLookAnotherTankie@reddit
Why would you want to move to America? It's declining and will continue to decline. Jobs are sparse and low paying, schools can't teach kids anything, insurance is a scam, and houses are unaffordable. I'd move to Europe if I could.
Xylophelia@reddit
“I’m in a wheelchair and can’t hold a job mostly due to access issues”
One thing America has that’s absolutely amazing in comparison to anywhere else is the ADA.
KartFacedThaoDien@reddit
His wife would be the one sponsoring him. So it depends on the job she has in America.
Xylophelia@reddit
“I would move to Europe”
European: “I can’t work”
Me: “how would op sponsor future spouse to move to Europe they can’t work”
Caught up now?
WeirdAndTired04@reddit (OP)
It's actually he for both but other than that, yeah 😅
Xylophelia@reddit
See, definitely commented before op revealed gender ;)
KartFacedThaoDien@reddit
Yeah I got you. Everyone is confused as hell.
WeirdAndTired04@reddit (OP)
I want to move because despite all of that, it'd still be more convenient for me to move than for my partner. We're a same sex couple so no kids to make us have to deal with schools, and specifically MA where my partner lives is actually still better than where I live in a lot of ways and has decent state-provided insurance.
Stan_Deviant@reddit
Watch out for state insurance, often green card holders have to wait a few years to qualify (a few years in country).
Ana_Na_Moose@reddit
Believe it or not, America is one of if not the most progressive countries on Earth when it comes to disability rights and accessibility. The ADA provides incredible protections against discrimination and mandates public places to be very accessible to people with a wide range of disabilities.
While Europe is getting better, they are still pretty far behind in this category generally compared to the US.
Different_Cherry8326@reddit
Bro. Do you really think jobs are easier to get or pay better in Europe compared to the US? 🤦♂️
Frito_Goodgulf@reddit
As others have said, r/immigration.
I've been through the K1 process, not aware of your disability being immediately disqualifying.
But, some notes. It's not being married that’d make you ineligible for any government-provided disability benefits. It's that being on an immigration visa, you'd be locked out of support programs initially. Then, it'd be based on income.
The key would be your sponsor, your fiancee, being able to convince immigration that they will be able to support you, given that you have no obvious grounds to state you can support yourself. I saw your WFH statement, but you don't currently have a work history.
In this case, a key aspect of your sponsor supporting you would be ensuring their health insurance would cover you. You need that insurance, or pay out of pocket.
LAWriter2020@reddit
The U.S. is one of the best places for disabled people to be able to live a good life without massive institutional roadblocks. Your disability should not disqualify you from immigration on a spousal visa.
Tinsel-Fop@reddit
I suspect you probably meant to say, "...with fewer massive institutional roadblocks." I'm just taking a guess, though.
maceilean@reddit
This is beyond reddit's pay grade. You need to hire an American immigration lawyer with experience with disabilities. A consult shouldn't be more than a couple hundred dollars. The US is one of the best places in the world to live with a disability. It's also not easy or cheap without good insurance and the state will not provide it to you.
Xylophelia@reddit
Agree with r/immigration suggestion but generally (IANAL; I’m a us citizen who has sponsored my husband and stepson through this process)
https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-immediate-relatives-of-us-citizen
The only grounds for inadmissibility are those under INA 212 https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1255&num=0&edition=prelim#0-0-0-274
With the ones for health being outlined in USCIS policy manual here: https://www.uscis.gov/sites/default/files/document/foia/Inadmissibillity_and_Waivers.pdf
As you’ve described it, you have nothing to worry about.
SakanaToDoubutsu@reddit
r/immigration will have much better answers for you