Immigration Corner | Can someone with a chronic illness migrate to the US?

Hello, Mrs Walker-Huntington.

A lady who is an American citizen wants to apply for her daughter to migrate to the USA but her daughter has hepatitis B. Can this affect her application process?

TK

Dear TK:

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A US citizen is allowed to file a petition for their spouse, children, parents and siblings to migrate to America. If the US citizen’s child is unmarried and under 21 years old, that child is considered an immediate relative, and the processing time is usually as quickly as possible – which, these days, could be a year or two. The spouse or parent of an American citizen is also considered an immediate relative for immigration purposes, and their file is processed quickly.

All other beneficiaries are placed in a preference category and must wait for a visa to become available for them in their specific categories. This waiting period can run into several years.

As part of the process in filing for a relative, the petitioner must complete and sign an Affidavit of Support to indicate to the US authorities that the intending immigrant will not become a “public charge” on the government and taxpayers of the United States. The petitioner must show their income meets the poverty guidelines threshold set out by the government. This requires the petitioner to show proof of income (including their US federal income tax returns) and to pledge to support the intending immigrant for 10 years or until they become a US citizen – whichever is earlier.

HIGHER THRESHOLD

Whenever the intending immigrant has a chronic illness – such as hepatitis – the petitioner is held to a higher standard. They now must demonstrate that their income is substantially more than the regular threshold. While there are no guidelines, it is usually requested that the income be at least three times the normal. This higher threshold can be satisfied by a Joint Sponsor pledging their income or their assets to satisfy the concerns of the US government that the immigrant will become a burden on the US government.

While under the window of the Affidavit of Support, an immigrant is not entitled to government benefits, and, if they receive benefits, the government is authorised to seek reimbursement from their financial sponsors.

Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a diversity & inclusion consultant, mediator and former special magistrate & hearing officer in Broward County, Florida. info@walkerhuntington.com.