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  • Immigration for parents with disability

    I am in process of applying for Immigration visa for my parents. The I-130s are approved and we are starting the visa processing with NVC. I have the following issues:

    1) My mother had a stroke last year and is paralyzed on one side and has no speech. I am aware of INA Act 212-A-1-a-iii, according to which the visa officer can deny the immigrant visa application because of her physical disability, as it may become a liability to the state or government to treat her, in case I become unable to support the expense in future. Also, getting health insurance with such a precondition may be very difficult for her. Can I apply for my immigrant visa for her in such situation or should I withhold it till she gets better?

    2) My father on the other hand is in good health. If my mother do not apply for immigrant visa because of her physical condition, will there be any problem for my father to get the visa and leave my mother at home with my siblings and come here to me. Will the visa officer deny my father the visa, as he will be leaving his wife (induce separation) and come to me.

  • #2
    1. INA 212(a)(1)(A)(iii) is about people having disorders that are a threat to others. It has nothing to do with strokes or being paralyzed. You may be thinking of public charge (INA 212(a)(4)(A)). Since she's a family-based immigrant and you will have had to complete an Affidavit of Support for her, public charge is usually not an issue; but in case of extreme disability, I don't know.

    2. No, he should not be affected

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thanks for the information.

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