Undocumented immigrants with disabilities do not get any special consideration for legal status in the U.S. Even if you are disabled you still must apply for legal status by following the process to get a visa, asylum, a green card, or another form of immigration relief.

In fact, people with mental or physical disabilities may actually be less likely to obtain a green card whether they are already in the country or applying from their home country. Technically the U.S. immigration system must determine that a person is not inadmissible. That means your background and situation do not trigger automatic denial of your application. If you have a disability it may give the government a reason to disallow your application.

USCIS reasons that people with disabilities are more likely to become “dependent on the government for subsistence.” It needs evidence that the applicants can sustain their care and living expenses with their own resources.

If you or a loved one is looking for options to stay in the United States, please contact our office at 510-488-1020. Our experienced immigration attorneys can look carefully at your situation and see what solution you may ha