Autism and the Green Card

Old Nov 14th 2014, 5:22 pm
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Default Autism and the Green Card

There was a thread 5 years ago about getting a green card for a person who was autistic, but no eventual resolution. Has anyone had experience of successfully applying for a green card despite being autistic?

My grandson is severely autistic and requires round the clock supervision. I doubt very much a doc would say he wasn't likely to harm himself or others (questions on the medical questionnaire), so it may be impossible.

Yet autism isn't the same as, say, being diagnosed as a criminal psychopath, where the danger to yourself or others is of a different nature. I imagine it's those persons that the form is meant to identify and that the authorities want to prevent from getting a green card, rather than a child with an autism disorder.

The previous threads in this forum concerned people with "light" autism, who were nevertheless functioning members of society.

Autism (as experienced by my grandson) involves very little fear of harming himself, so he does end up with bruises from running in to things, etc. (he's 9 years old). And, in the playground, he will accidentally/uncaringly knock another child over. Those familiar with autism will know this is not willful meanness, but an inability to emphasize or understand "correct" social behaviour.

So the bottom line is that the doc will have to say, yes, this person could represent a harm to himself or others. But will that matter if the cause is Autism? And we're talking about a 9-year old who might improve?

Anyone with real life experience of this problem?
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Old Nov 14th 2014, 5:57 pm
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Default Re: Autism and the Green Card

I found this forum helpful - it's autism in general, with specific subforums for different areas like education etc.

We moved long before DS was even thought to be autistic and even now it's probably considered "light". So not much help here but maybe you can find an experience on that forum, or ask the same question.
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Old Nov 14th 2014, 6:02 pm
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Default Re: Autism and the Green Card

Originally Posted by GeoffM
I found this forum helpful - it's autism in general, with specific subforums for different areas like education etc.

We moved long before DS was even thought to be autistic and even now it's probably considered "light". So not much help here but maybe you can find an experience on that forum, or ask the same question.
Thanks! I'll see what they say.
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Old Nov 16th 2014, 6:46 pm
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Default Re: Autism and the Green Card

Originally Posted by a18ion
There was a thread 5 years ago about getting a green card for a person who was autistic, but no eventual resolution. Has anyone had experience of successfully applying for a green card despite being autistic?

My grandson is severely autistic and requires round the clock supervision. I doubt very much a doc would say he wasn't likely to harm himself or others (questions on the medical questionnaire), so it may be impossible.

....

So the bottom line is that the doc will have to say, yes, this person could represent a harm to himself or others. But will that matter if the cause is Autism? And we're talking about a 9-year old who might improve?

Anyone with real life experience of this problem?

Not a common situation, and even if someone has some real-life experience, it may not be applicable to this case.

If there was a serious intention to move to the U.S. this way, you would only ever know for sure by submitting an application and seeing what happens. Using an immigration attorney might add value, but only if the attorney has got some experience of similar cases (also, presuming the attorney is good).

General observation. There is a tendency to assume worst case scenario and to take a view that something which might happen, actually will happen.

Further observation. It appears that in the case in question, the child might have a route to expedited naturalization through completing a form N-600K. This avoids any of the medical issues and provides unambiguous acquisition of United States citizenship. However, the process has to be completed before the child turns 18, which causes problems when it is left too late.
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Old Nov 16th 2014, 7:07 pm
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Default Re: Autism and the Green Card

When you indicate 24/7 care, is that by the parents/family or does the NHS provide 24/7 care? Although US health insurance policies are now required to treat autism, I seriously doubt that they are required to provide 24/7 care.

I believe in both the UK and the US, health services are required to provided skilled nursing home care but neither are required to provide assisted living care (commonly referred to as nursing home care) unless the person is insolvent or their assets can be seized to cover part of the cost. Many in the US believe they have assisted living care insurance health policies since it states that nursing home care is provided but that generally refers to skilled nursing home care which can only be used when someone uses a skilled nursing home after recovering from a hospital treatment and only if deemed necessary by doctors.
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Old Nov 16th 2014, 10:13 pm
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Default Re: Autism and the Green Card

Originally Posted by Michael
When you indicate 24/7 care, is that by the parents/family or does the NHS provide 24/7 care? Although US health insurance policies are now required to treat autism, I seriously doubt that they are required to provide 24/7 care.

I believe in both the UK and the US, health services are required to provided skilled nursing home care but neither are required to provide assisted living care (commonly referred to as nursing home care) unless the person is insolvent or their assets can be seized to cover part of the cost. Many in the US believe they have assisted living care insurance health policies since it states that nursing home care is provided but that generally refers to skilled nursing home care which can only be used when someone uses a skilled nursing home after recovering from a hospital treatment and only if deemed necessary by doctors.
I think you have the wrong end of the stick there maybe Michael i think the child will probably live at the family home but will attend a special needs school as opposed to mainstream primary school he probably doesn't live in residential care home setting away from the rest of the family. There is likely a carer involved with the family to take the weight off them so to speak. I am unsure who would pay for that probably nhs.

In america everything would be dependent upon insurance coverage of course and the better the coverage the more the family will have to work with. I know under the Obamacare they can't deny coverage for pre existing conditions.
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Old Nov 16th 2014, 10:32 pm
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Default Re: Autism and the Green Card

Originally Posted by a18ion
There was a thread 5 years ago about getting a green card for a person who was autistic, but no eventual resolution. Has anyone had experience of successfully applying for a green card despite being autistic?

My grandson is severely autistic and requires round the clock supervision. I doubt very much a doc would say he wasn't likely to harm himself or others (questions on the medical questionnaire), so it may be impossible.

Yet autism isn't the same as, say, being diagnosed as a criminal psychopath, where the danger to yourself or others is of a different nature. I imagine it's those persons that the form is meant to identify and that the authorities want to prevent from getting a green card, rather than a child with an autism disorder.

The previous threads in this forum concerned people with "light" autism, who were nevertheless functioning members of society.

Autism (as experienced by my grandson) involves very little fear of harming himself, so he does end up with bruises from running in to things, etc. (he's 9 years old). And, in the playground, he will accidentally/uncaringly knock another child over. Those familiar with autism will know this is not willful meanness, but an inability to emphasize or understand "correct" social behaviour.

So the bottom line is that the doc will have to say, yes, this person could represent a harm to himself or others. But will that matter if the cause is Autism? And we're talking about a 9-year old who might improve?

Anyone with real life experience of this problem?
I mean no offence when I ask this but whereabouts on the autistic spectrum is your grandson does he have aspergers syndrome? Because there have been cases involving violence and aspergers in this country and america too I am sure but many sufferers of the condition live normal lives and do not a pose a threat to anybody. Having aspergers never made anyone into anything by itself or made anyone do anything by itself I don't care what anyone says. I think aspergers is the only thing on autistic spectrum with any correlation to violence. But if it is aspergers they may deny.

I don't think they will care about him harming himself it will be whether he poses a danger to others that will determine the outcome. I hope it all works out for your family I really do.

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Old Nov 16th 2014, 11:20 pm
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Default Re: Autism and the Green Card

Originally Posted by johnnybrown532
I think aspergers is the only thing on autistic spectrum with any correlation to violence. But if it is aspergers they may deny.

I don't think they will care about him harming himself it will be whether he poses a danger to others that will determine the outcome. I hope it all works out for your family I really do.
Anyone on the Autistic Spectrum can be given to violent outbursts, not just Aspies. (I have the joy of presenting my med history to immigration come interview time, as I'm an HFA).
The US takes a dim view of any type of harming, self or others, when it comes to immigrants.

Try to research the facilities available in the area (if you haven't already) that your grandson will end up in, I know that my in-laws (on my US side) have had varying experiences with their autistic son when it comes to available care provision. SC is not particularly good!
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Old Nov 16th 2014, 11:22 pm
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Default Re: Autism and the Green Card

Originally Posted by johnnybrown532
I think you have the wrong end of the stick there maybe Michael i think the child will probably live at the family home but will attend a special needs school as opposed to mainstream primary school he probably doesn't live in residential care home setting away from the rest of the family. There is likely a carer involved with the family to take the weight off them so to speak. I am unsure who would pay for that probably nhs.

In america everything would be dependent upon insurance coverage of course and the better the coverage the more the family will have to work with. I know under the Obamacare they can't deny coverage for pre existing conditions.
I'm not on the wrong end of the stick but trying to figure out what 24/7 means in his case. The US public schools are setup for autism children but if it is too severe, the school may not be able to handle it and the child may not be allowed to attend. Although there are government assistance programs for children with severe autism, many of those are for families with low incomes. In the US it is usually expected that family takes care of their child or parents but as a last resort, if they can't take care of them, they can either put them in an assisted care facility at a minimum cost of $7,000 per month which either the family pays for but if they can't, then the state will pick up the bill. If the person is an adult, then it is that person and their spouse's finances that determines who pays the bill.

If the UK the government will pick up the bill for providing 24/7 care whether with care givers or assisted living facilities, they might as well stay in the UK.

Autism on Public Assistance: Overview - Talk About Curing Autism (TACA)
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Old Nov 17th 2014, 9:03 am
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Default Re: Autism and the Green Card

Originally Posted by zzrmark
Anyone on the Autistic Spectrum can be given to violent outbursts, not just Aspies. (I have the joy of presenting my med history to immigration come interview time, as I'm an HFA).
The US takes a dim view of any type of harming, self or others, when it comes to immigrants.

Try to research the facilities available in the area (if you haven't already) that your grandson will end up in, I know that my in-laws (on my US side) have had varying experiences with their autistic son when it comes to available care provision. SC is not particularly good!
Any person can be prone to violent outbursts. Most brits are to be fair and we have a chilling lack of remorse. I am a prison officer cat a jail I have never seen one killer be truly sorry yet too busy ragging on their victims when the shrink isn't close enough to hear. Have well all got aspies have we?. What's your point? They are gonna ban his grandson over harming someone may as well ban the whole country from visiting/moving over if they feel that way.

The op has said the family in uk are not wealthy they are minimum wage people. As michael has said it might not be the best thing for the family to move to america it's all on insurance over there the better insurance you can afford the better things will be it don't sound like they can afford much maybe. They are getting what they need now on the NHS.

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Old Nov 17th 2014, 9:20 am
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Default Re: Autism and the Green Card

Originally Posted by johnnybrown532
I mean no offence when I ask this but whereabouts on the autistic spectrum is your grandson does he have aspergers syndrome? Because there have been cases involving violence and aspergers in this country and america too I am sure but many sufferers of the condition live normal lives and do not a pose a threat to anybody. Having aspergers never made anyone into anything by itself or made anyone do anything by itself I don't care what anyone says. I think aspergers is the only thing on autistic spectrum with any correlation to violence. But if it is aspergers they may deny.

I don't think they will care about him harming himself it will be whether he poses a danger to others that will determine the outcome. I hope it all works out for your family I really do.
Do you have some sort of link to your assertion that Aspergers has a correlation to violence? Or any of the other random crap you've posted on this thread?
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Old Nov 17th 2014, 11:01 am
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Default Re: Autism and the Green Card

Originally Posted by johnnybrown532
Any person can be prone to violent outbursts. Most brits are to be fair and we have a chilling lack of remorse. I am a prison officer cat a jail I have never seen one killer be truly sorry yet too busy ragging on their victims when the shrink isn't close enough to hear. Have well all got aspies have we?. What's your point? They are gonna ban his grandson over harming someone may as well ban the whole country from visiting/moving over if they feel that way.
My point was that any person with a recognised Autistic Spectrum Disorder can be prone to violent attacks (but not necessarily do) when they suffer a meltdown, unlike any old random thug who chooses to be violent because they can be. As for your comment about Brits as a nation being remorseless thugs that is just bullshit, a few bad pennies do not a nation make.
It is the prerogative of the US immigration authorities as to who they decide to let in regardless of what any person thinks about it. Their country, their rules.
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Old Nov 17th 2014, 12:19 pm
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Default Re: Autism and the Green Card

Originally Posted by zzrmark
My point was that any person with a recognised Autistic Spectrum Disorder can be prone to violent attacks (but not necessarily do) when they suffer a meltdown, unlike any old random thug who chooses to be violent because they can be. As for your comment about Brits as a nation being remorseless thugs that is just bullshit, a few bad pennies do not a nation make.
It is the prerogative of the US immigration authorities as to who they decide to let in regardless of what any person thinks about it. Their country, their rules.
We could discuss the criminal justice system all you want but as you say their country their rules et all but maybe singling out autistic spectrum and disabled persons just sounds so I don't know unamerican to me.
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Old Nov 17th 2014, 12:43 pm
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Default Re: Autism and the Green Card

Originally Posted by Dorothy
Do you have some sort of link to your assertion that Aspergers has a correlation to violence? Or any of the other random crap you've posted on this thread?
I have yet to see a post of his which is any more than guesswork, usually bigoted.

Probably drives a taxi.

Oh sorry, prison officer now I've looked at the quoted post.

Great.
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Old Nov 17th 2014, 12:56 pm
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Default Re: Autism and the Green Card

Originally Posted by Dorothy
Do you have some sort of link to your assertion that Aspergers has a correlation to violence? Or any of the other random crap you've posted on this thread?
They say Adam Lanza had it and maybe Eliott Roger as well so they say others too on both sides of the atlantic. So that would be a correlation I suppose. Like I said singling out disabled people just seems so unamerican to me.

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