Legal Question in Immigration Law in New Jersey

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 ?

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

2 Answers from Attorneys

Michael Cho Law Offices of 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

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10940 Wilshire Boulevard, 16th Floor

Los Angeles, California 90024

Phone: 323.238.4620

Fax: 323.345.5477


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Answered on 5/27/13, 11:46 am

Marlene Hemmings Marlene Hemmings, Attorney at Law

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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Answered on 5/28/13, 9:44 am

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