New Jersey  |  Immigration Law

Legal Question

Asked on: 5/27/13, 8:31 am

I am a 25 year old US citizen living in Brazil for 3 years. I have been married for 2 years and now I want to bring my spouse back to the US with me. However, he is a polio survivor. He is 23, healthy, takes no medication, has no health issues and does not require any assistance to walk or talk or anything. He lives a normal life. His only limitation is that he limps, since one of his legs is shorter then the other. Will he be denied a green card because of this ?

2 Answers


Answered on: 5/27/13, 11:46 am by Michael Cho

No, the previous medical condition should not affect his process for permanent residence unless he is expected to require medical care in the United States.

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Michael S. Cho

Attorney & Counselor at Law

10940 Wilshire Boulevard, 16th Floor

Los Angeles, California 90024

Phone: 323.238.4620

Fax: 323.345.5477

Internet: http://www.msclaw.com


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Law Offices of Michael Cho 10940 Wilshire Boulevard, 16th Floor Los Angeles, CA 90024

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Answered on: 5/28/13, 9:44 am by Marlene Hemmings

My concern is not with his medical condition, but the fact that you will be required to re-establish a domicile in the U.S. before you can petition him for a greencard. Also, if you are not employed in the U.S., you will need a co-sponsor for the Affidavit of Support.

You should contact an experienced Immigration Attorney first, since you will not be eligible to file for your spouse as long as you remain outside the U.S.


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Marlene Hemmings, Attorney at Law 23371 Mulholland Drive, Suite 294 Woodland Hills, 91364

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