Where to Begin: Mental Health Status a Potential Barrier?

[Soleil 0]

Does anyone have any experience with the immigration process when the foreign spouse is on their government's assistance due to their mental health status? They are not a safety danger to themselves or others. I have researched the process for getting my husband over here, but am unsure what aspects of that will change due to their mental health status and am considering using a service due to this unclear situation, as some places I have read that people cannot immigrate to the US under any circumstances if this is the case? I am afraid to start the immigration process on our own, because I don't want something to blindside us on the mental health front. I have been looking into services like SimpleCitizen or Boundless, but wonder if I should just go with an immigration lawyer and skip the services. Finances may be a barrier to the lawyer option, though, as our current fund for this process is a little under $3k. Is there anyone who has gone through something similar or has any advice?

[SalishSea 17,829]

3 minutes ago, Soleil said:

Does anyone have any experience with the immigration process when the foreign spouse is on their government's assistance due to their mental health status? They are not a safety danger to themselves or others. I have researched the process for getting my husband over here, but am unsure what aspects of that will change due to their mental health status and am considering using a service due to this unclear situation, as some places I have read that people cannot immigrate to the US under any circumstances if this is the case? I am afraid to start the immigration process on our own, because I don't want something to blindside us on the mental health front. I have been looking into services like SimpleCitizen or Boundless, but wonder if I should just go with an immigration lawyer and skip the services. Finances may be a barrier to the lawyer option, though, as our current fund for this process is a little under $3k. Is there anyone who has gone through something similar or has any advice?

None of those services will make the process faster, or affect the outcome.

 

There are medical inadmissibilities, and whether he has one will only be determined much later in the process.  The medical exam is conducted just before the interview, and you are a few years from that.

 

Many mental health issues are not inadmissible, but you say he's on "government assistance" because of it.  That sounds pretty disabling.

[Soleil 0]

His depression and severe OCD has gotten to the point where functioning in daily life is very difficult for him. He greatly improves when he is not alone. But the limits on what things he can physically touch and come into contact with greatly limits his ability to do things and as a result, hold a regular job. So he is on assistance because the crippling OCD prevents him from completing certain tasks without having an episode as a result of the exposure or contact with certain elements. In the times I've been around him, he improves over time to the point where he can allow himself to touch certain light switches and pet the cat (which are things that he would not normally do). All of his OCD symptoms don't magically disappear, but having me around does help his mental state.

[SalishSea 17,829]

9 minutes ago, Soleil said:

His depression and severe OCD has gotten to the point where functioning in daily life is very difficult for him. He greatly improves when he is not alone. But the limits on what things he can physically touch and come into contact with greatly limits his ability to do things and as a result, hold a regular job. So he is on assistance because the crippling OCD prevents him from completing certain tasks without having an episode as a result of the exposure or contact with certain elements. In the times I've been around him, he improves over time to the point where he can allow himself to touch certain light switches and pet the cat (which are things that he would not normally do). All of his OCD symptoms don't magically disappear, but having me around does help his mental state.

Okay, well unfortunately you won't know for sure until you get to the end of the process.

 

One thing you'll want to keep in mind going forward with the petition is that he will not be eligible for any type of financial assistance in the US.  You'll also want to have a plan in place to provide health insurance for him.

[Soleil 0]

I was aware that he will be a financial dependant over here. Once he is living here he will be supported by me. Health insurance I need to research more, since I do not know if there are restrictions for certain carriers if the applicant is a green card holder (once he is living here).

[Family 3,988]

I have attached links that will give you detailed information on what you can prepare for. Most definitely you need to start getting ALL of his medical records ( not just related to the disorder) . Obtaining medical insurance and coverage will be crucial. First 2 links are USCIS policy , then CDC and I have included an AAO decision to give additional resources. You can search on AAO database for more recent decisions 

 

https://www.uscis.gov/policy-manual/volume-9-part-d-chapter-4

 

https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-7

 

https://www.cdc.gov/immigrantrefugeehealth/civil-surgeons/mental-health.html

 

 

https://www.uscis.gov/sites/default/files/err/H1 - Waiver of Inadmissibility - Medical - 212 (g)/Decisions_Issued_in_2005/JAN282005_01H1212.pdf

[Family 3,988]

The FAM / Foreign Affairs Manual section that applies to your husband 

https://fam.state.gov/fam/09fam/09fam030202.html

 

This link did not make it in my first post.. but I found the USCIS pages were easier read for the process, but again refer to FAM