Help for a friend

[HoussemAnna 20]

I have a friend who was married in Tunisia in 2011. She made it almost completely through the immigration process with her husband. She hasn't been fully approved due to no sponsor, she needs more income because hers doesn't meet the requirement and she can't get a sponsor. There was a point brought to her attention that maybe this could be in violation of the Americans with disabilities Act of 1990. Because of her disability and inability to work she is being denied her husband ( because she cannot sponsor him). I was wondering if anyone could give me more input on this? Or even if they heard of a case involving this issue and the immigration be processed fully because the sponsor was disabled?

[belinda63 3,038]

I wouldn't think it is a violation. Immigration is not a right. She has no right to bring another person to the US, plenty of people have been denied spousal visas which had nothing to do with disabilities. She has the right to find a co-sponsor. She has the right to move to another country.

Or to flip the issue, I, as a taxpayer, have the right to demand a person not be permitted to immigrate if they are going to require my tax dollars to support themselves. The intending immigrant has a right to a life where the basic necessities such as food, water, and housing are provided.

If she doesn't meet the poverty requirements how will the spouse survive. He will not be eligible for any means-tested benefits such as food stamps, federal subsidized housing, free medical care, etc. How will the spouse eat, where will he live?

There are a lot of people's rights to consider here but remember, immigration is not a right.

[Cathi 5,748]

Your friend wasn't denied because of a disability, it's because they don't meet the minimum income requirements. Unless they find a joint sponsor, there is nothing anyone can do. They are not going to allow someone to immigrate if the petitioner has no way to support the beneficiary. They will not risk letting the beneficiary becoming a public charge. There are disabled people whose family members get-approved every day, myself included. I petitioned for my husband and he was approved, I am above the minimum income requirements. So they need to look a little harder for a joint sponsor or the visa will never be approved.

As Belinda stated, immigration is not a right, it is a privilege. It is very clear that they were not denied because of a disability, but because they don't meet the income requirements. Why you and they don't understand that is beyond me.

Edited November 13, 2013 by mimolicious

[HoussemAnna 20]

Your friend wasn't denied because of a disability, it's because they don't meet the minimum income requirements. Unless they find a joint sponsor, there is nothing anyone can do. They are not going to allow someone to immigrate if the petitioner has no way to support the beneficiary. They will not risk letting the beneficiary becoming a public charge. There are disabled people whose family members get-approved every day, myself included. I petitioned for my husband and he was approved, I am above the minimum income requirements. So they need to look a little harder for a joint sponsor or the visa will never be approved.

As Belinda stated, immigration is not a right, it is a privilege. It is very clear that they were not denied because of a disability, but because they don't meet the income requirements. Why you and they don't understand that is beyond me.

The last sentence was not needed. What is beyond you is that this is a forum to ask questions even if they seem stupid to you. You dont need to be insulting. I am grateful for any question answered but you can keep the insults to yourself.

[HoussemAnna 20]

I wouldn't think it is a violation. Immigration is not a right. She has no right to bring another person to the US, plenty of people have been denied spousal visas which had nothing to do with disabilities. She has the right to find a co-sponsor. She has the right to move to another country.

Or to flip the issue, I, as a taxpayer, have the right to demand a person not be permitted to immigrate if they are going to require my tax dollars to support themselves. The intending immigrant has a right to a life where the basic necessities such as food, water, and housing are provided.

If she doesn't meet the poverty requirements how will the spouse survive. He will not be eligible for any means-tested benefits such as food stamps, federal subsidized housing, free medical care, etc. How will the spouse eat, where will he live?

There are a lot of people's rights to consider here but remember, immigration is not a right.

Thank you for clearing that up Belinda, I am not fully aware about immigration law, I know it seems a stupid question to ask , I am just trying to get the facts, and thanks so much