asadus

Hello all,

I'm principal applicant for F3 visa (a UK citizen and live in UK) and my father is a usa citizen (petitioner applicant, lives in USA).
My priority date will be current within 2,3 years.
My 8 years old son has severe learning disablity and autism and he is non-verbal.
My question is will NVC deny visa for my disabled son due to his disablites and medical condition?
I couldn't find anything on USCIS and NVC website and other forums.

Thanks for your reply in advance.

Noorah101

That should not be cause for denial, no.

Rene

civilservant

Well with the extension and enforcement of the 'public charge' provision now taking affect, there is an argument to be made that he will be a public charge in the future as it seems possible, on the limited information given, that he would be reliant on SSI/Medicaid for income and healthcare.

I don't think it likely, but there is a possibility I guess that it could be an issue.

Rete

I've in the past seen that the CO has asked for receipt of US healthcare coverage for the intended immigrant. This has not happened in a while but you might want your father, and yourself, to start researching healthcare policies for your family or if unaffordable for the family as a whole, at least for your son.

He will be schooled in a public school, I'm assuming, in special ed classes and this will not be a charge to you. I don't see that he has a medical problem, as such, but rather a mental disability which would require some mental healthcare. So for the present he will be alright with just his parent(s).

I really want to question why you wish to move to the US. There is no safety net for you or your son here in the US as there is in the UK. I'm assuming you are female and the sole active parent of your son. Frankly, I woulldn't consider moving to the US.

asadus

i.

It is a bit of relief.
Thanks for your reply.

asadus

Oh sorry I wrote that "medicial condition". Ds has no medicial condition.

civilservant

That had no bearing on my reply. If he is non-verbal, what happens to him if you pass away? Presumably he will become a ward of the state - the very definition of a public charge.

asadus

Thanks for your reply.
I am the dad. My father (retired) and my 3 married sisters live in USA.
I am 45 and my dad is 75+. By the time my visa date is current (Sep - Oct 2023) my dad will be in his 80s need someone to look after him.
My son goes to Special Needs school here in UK. I do believe UK is the best option for us but just want to to there when my dad needs me like he was there
when I was young.

scrubbedexpat099

Has one of your Sisters filed for you as a back up?

Nutmegger

From what the OP says, if the backup is needed, the move to the US will no longer be necessary.

SanDiegogirl

Maybe this posting which came in today, might be relevant. A potential immigrant has been made aware of health coverage in her application information:

Health Care Requirement for Interview

asadus

No they haven't applied.

asadus

Thanks. Good read.
I will keep an eye on this one.

scrubbedexpat099

F3 takes 12? years, that is a lot of planning for this sort of situation.

asadus

I was wondering if anyone can forward me a link to any well known USA Immigration Attorney within USA.
Will write them an email too.

Thanks.