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if a winner disabled...

bernauer

New Member
hi I would like to ask if it is an impediment to the lottery being totally disabled and to need to apply for a government subsidy? I ask this because reading on U.S. laws have not found clarity. It just says that anyone who suffers a physical disability will be entitled to certain benefits. But for those who are disabled from birth and they win the lottery? Thanks to those who will give an answer to my doubts
 
hi I would like to ask if it is an impediment to the lottery being totally disabled and to need to apply for a government subsidy? I ask this because reading on U.S. laws have not found clarity. It just says that anyone who suffers a physical disability will be entitled to certain benefits. But for those who are disabled from birth and they win the lottery? Thanks to those who will give an answer to my doubts


Well that would be a difficult battle for a few reasons.

Firstly, there is a principal that people living with disabilities showed not be discriminated against. However, the DV immigration process also relies on a principal that you have to show that you would not become a public charge. Given that this requirement is applied to all entrants, they should apply that to a disabled selectee also. That seems like an issue straight away and might stop the DV process at interview stage.

However assuming the DV process could be completed there is the issue of what benefits would be available. I am not an expert in this field but I have some idea from charity work I have done over the last few years and comparing that to the US "experience". Others may be able to add to or correct what I am about to say:-

Since 1996 there have been a number of new barriers to access public benefits programs. For example, SSI (which provides financial assistance for disabled adults amongst other groups) is not available to a LPR (Green Card holder) until they lived in the US for 5 years and then have 40 quarters of work credit. Some other benefits such as Medicaid, TANF and SNAP are also subject to the 5 year rule. .

Social security benefits are available to LPRs without the 5 year rule, but I doubt that would fully meet the needs of a disabled person. Public Housing (section 8) programs are also available to LPRs.

Another issue would be Healthcare. There may be changes with the Affordable Healthcare act – but the existing benefit program (Medicare) has two types – free and buy in. “Free” Medicare relies on the person having paid Social Security contributions (which relies on employment). Buy in Medicare relies on the 5 year rule. The cost of buying private healthcare for a disabled person would be very high.

So - in short I believe that a selectee in the lottery would probably have a problem and getting assistance for living in the USA would also be difficult.

I hope that helps. If you are already a selectee then you may want to investigate further and perhaps find a US based charity that would provide some more detailed information.
 
hi I would like to ask if it is an impediment to the lottery being totally disabled and to need to apply for a government subsidy? I ask this because reading on U.S. laws have not found clarity. It just says that anyone who suffers a physical disability will be entitled to certain benefits. But for those who are disabled from birth and they win the lottery? Thanks to those who will give an answer to my doubts

To re-iterate what Simon said, the mere fact of being disabled is not an impediment. They cannot refuse you an immigrant visa just because you are disabled. That would be discrimination based on health status, which is (formally) illegal in this great country.

They might refuse you a visa if they have a reason to think you will become a public charge. You might be disabled, but may be able to provide evidence that you can support yourself through the skills that you have, or have somebody in the US that can sponsor you or give you a job.

And, disability has a wide range of definitions. There is occupational disability, non-occupational, etc. Not everybody is entitled to some form of benefits just because they are disabled. Wearing glasses is a form of disability in a way.
 
thank you both for the exhaustive answers!

my doubt was whether to explain this to the interview could be a problem or not.

reading your answers I am convinced that it is better to avoid this conversation and avoid dangerous misunderstandings.

good luck for all winners :)
 
You are making misconceptions due to fear of unknown. If you make it to the interview, you answer only the questions the CO wants to ask, not what you expect or believe to be appropriate, whereas your efforts at the interview should be focused on proving you are strong enough to avoid being a public charge. The questions is: do you have it in you.

There are no dangerous misunderstandings, as the disability will be noted during the medical exam you are obliged to attend before the interview. Give yourself a break from those who always dis-encourage you, find a good sponsor and go fight for it
 
You are making misconceptions due to fear of unknown. If you make it to the interview, you answer only the questions the CO wants to ask, not what you expect or believe to be appropriate, whereas your efforts at the interview should be focused on proving you are strong enough to avoid being a public charge. The questions is: do you have it in you.

There are no dangerous misunderstandings, as the disability will be noted during the medical exam you are obliged to attend before the interview. Give yourself a break from those who always dis-encourage you, find a good sponsor and go fight for it

I hope ZukotheCat you are not trying to imply that I was one of "those who always dis-encourage you". That would be a) quite wrong and b) quite hurtful. c1984 said nothing wrong either so I am surprised you even mentioned that.

For your information I am a director of a registered charity that supports disabled people living in the community. I am MORE than aware of the issues facing disabled people and have spent much time and my own money fighting for their rights.

In this case, the OP stated the winner would need government subsidies and I pointed out which government programs could or could not be available to a disabled LPR.
 
I hope ZukotheCat you are not trying to imply that I was one of "those who always dis-encourage you". That would be a) quite wrong and b) quite hurtful. c1984 said nothing wrong either so I am surprised you even mentioned that.

For your information I am a director of a registered charity that supports disabled people living in the community. I am MORE than aware of the issues facing disabled people and have spent much time and my own money fighting for their rights.

In this case, the OP stated the winner would need government subsidies and I pointed out which government programs could or could not be available to a disabled LPR.

Hey Simon. It's the Internutz, my friend. You just bush it off and move on :)

PS. I don't think he was referring to us. Even if he did, ...
 
hi I would like to ask if it is an impediment to the lottery being totally disabled and to need to apply for a government subsidy? I ask this because reading on U.S. laws have not found clarity. It just says that anyone who suffers a physical disability will be entitled to certain benefits. But for those who are disabled from birth and they win the lottery? Thanks to those who will give an answer to my doubts

If you have a disability that could lead to your becoming a public charge to the US government, 9 FAM 40.11 N2 instructs COs to consider such as health-related grounds for inadmissibility under INA 212(A)(1), AS AMENDED.

a. The purpose of the medical examination required under the provisions of INA 221(d) (8 U.S.C. 1201(d)) is to determine whether the applicant has a:
(1) ―Class ―A condition—A medical condition that renders him or her ineligible to receive a visa; or
(2) ―Class ―B condition—A medical condition that, although not constituting an inadmissible condition, represents a departure from normal health or well-being that is significant enough to possibly:
(a) Interfere with the applicant’s ability to care for himself or herself or to attend school or work; or
(b) Require extensive medical treatment or institutionalization in the future
.

9 FAM 40.11 N7.3 also provides additional guidance to the COs on the Basis of Medical Report in Determining Eligibility Under INA 212(a)(1). The CO has to consider the possibility of an alien who has been medically classified with a Class B finding becoming a public charge

A ―Class ―B finding informs you that a serious medical condition exists which constitutes a departure from normal health or well-being. You must consider such finding when assessing the alien’s eligibility for visa issuance; i.e., the likelihood of the alien becoming a public charge.

In addition to the examination for specific inadmissible conditions, the examining physician must also look for other physical and mental abnormalities that suggest the alien is likely to become a public charge. When identifying a ―Class ―B medical condition that may render the alien inadmissible under INA 212(a)(4) (8 U.S.C. 1182(a)(4)), the examining physician is required to reveal not only the full extent of the condition, but the extent of the approximate treatment needed to care for such condition. Based on the results of the examination, you must determine whether the disease or disability would be likely to render the alien unable to care for him or herself or attend school or work, or require extensive medical care or institutionalization

In addition, I do believe LPRs are not eligible to receive benefits within the their first 5 years of becoming LPR
 
I thank you for showing us very clearly references to legislators and regulators.

I must say that the misunderstanding I mentioned above was referred to the fact that at the time of the interview, the CO could be pointed disability, which may be obvious, but you can not have health care needs, but it might make him think of the opposite , and on this point I had many doubts about how to answer it if required.

medical visits are made before the interview, but visits are not complete: for example, tend to exclude the presence of viruses, or to ascertain mental illnesses, which are the main targets for anyone who has to admit foreigners as permanent residents, but not of other body functions, such as blindness, deafness, paralysis, etc. ....at least so I think those who think asking a medical before the interview.

excuse me if I write bad English, I do not know if I wrote it correctly, but I hope I have expressed my thoughts on the subject well!
 
I do not know what are you talking about. I do not even know you
I am referring to the people around this guy (or gilrl) who should build a safety network around him (her)
such as friends, family,...
 
I thank you for showing us very clearly references to legislators and regulators.

I must say that the misunderstanding I mentioned above was referred to the fact that at the time of the interview, the CO could be pointed disability, which may be obvious, but you can not have health care needs, but it might make him think of the opposite , and on this point I had many doubts about how to answer it if required.

medical visits are made before the interview, but visits are not complete: for example, tend to exclude the presence of viruses, or to ascertain mental illnesses, which are the main targets for anyone who has to admit foreigners as permanent residents, but not of other body functions, such as blindness, deafness, paralysis, etc. ....at least so I think those who think asking a medical before the interview.

excuse me if I write bad English, I do not know if I wrote it correctly, but I hope I have expressed my thoughts on the subject well!

BERNAEUR,

listen dear,
if you are at the interview, you will answer correctly and truthfully to what they ask. What that means is: you give a short, concise and precise answer, without too many details, not a 10-minutes essay. Some interviews last no more than 5 minutes. The interview is considered a formality. People who win DV lottery are little bit shocked (in a positive way) and that is why they begin to worry: what if I do not pass the interview, what if this, what if that...

Another think I would like you to consider is: people who have some skills "in their hands" are much more successful off than people who have no skills at all, or have high eduction and diploma that is usually not recognizable by the state. If you are skilled in something, that would be a goo launching point. You would become one of millions of people in America who has disability and yet makes good money and has a good job.
Besides, I do see why you underestimate your language skills, there is no need to say "excuse me"
 
Correction: I meant "I do NOT see why you underestimate your language skills, there is no need to say "excuse me"
 
Other things to consider:

- If you have no need, ability, or desire to visit USA in the future unless you're accepted as a green card holder, then there's no harm in trying for DV. However, if you plan to go as a nonimmigrant and you need a visa, your DV entry is one indication that you have immigrant intent. Every nonimmigrant visa applicant has to prove to the consular officer's satisfaction that he has no intent of immigrating to USA.
- There are many, many forms of disability. For example: if you're paraplegic but you work as a programmer, there's very little reason for them to reject you, as you can prove that you're self-sufficient. By law this kind of disability entitles you to certain benefits, like the use of a special parking lot, an elevator, or any other reasonable assistance. However, if you are so disabled that you can't even work, then based on the language of the law about public charge, you are not eligible to immigrate.
- I would not characterize government assistance in USA as generous. If you're from Europe chances are your country's benefit is better. Obviously if you're from a third world country like mine where gov't support is next to nothing, then USA is still better.
 
dear hexa,

a person coming from a third world country and disabled, has all my respect!
the fact is that I'm talking about disability, which can create difficulties in survival. if one part already sufficiently rich even if disabled, does not need the support of government subsidies. but if one does not have a disposable income or have a minimum value, the other side of the ocean can easily fall into the abyss of poverty and the drama. evaluate this is not easy, nor does it is easy to decide. but for those who have nothing is a completely different story! and at that point I might as well go quietly to my fate: patience if it goes wrong, I was wrong before. but if all goes well you're better than before.

for a person resident in Europe this perspective changes considerably.

repetitia iuvant: maximum resperct! :)
 
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