People with disabilities in the United States have a series of benefits and priorities in the immigration processes through the United States Citizenship and Immigration Services (Uscis, for its acronym in English). The privileges granted to people with disabilities include special consideration in immigration processes, which may include exemptions from requirements, individualized evaluations and processing priority.
Additionally, they are given access to support services, such as interpretation, advice and assistance in preparing forms. These benefits and priorities are supported by the United States Immigration and Nationality Act (INA), as well as regulations and guidelines established by the USCIS.
Special consideration in immigration processes
One of the main advantages that people with disabilities have before the USCIS is the special consideration in immigration processes. This means that the individual needs and circumstances of these people are taken into account to ensure a more equitable and accessible immigration process. The following measures are included within this special consideration:
- Exemptions from requirements– People with disabilities may be exempt from certain immigration requirements that would normally apply to other applicants. This could include language tests or work ability tests.
- Individualized evaluation: Each case of a person with a disability is evaluated individually to take into account how their disability could affect their ability to meet immigration requirements. This allows for a more accurate assessment of her merits and needs.
- Processing priority: Uscis provides priority in the processing of cases for people with disabilities, which reduces waiting times and speeds up the immigration process.
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In addition to special consideration in immigration processes, USCIS also offers people with disabilities access to a series of support services. These services are designed to facilitate their participation in the agency’s programs and activities, as well as to ensure that they can access the benefits to which they are entitled. Support services include:
- Interpretation– People with disabilities who face language barriers can receive interpretation services in their native language to ensure they fully understand the immigration process and requirements.
- Advice: The USCIS provides advice to people with disabilities about their immigration rights and options. This allows them to make informed decisions and take full advantage of the benefits available.
- Assistance in completing forms: Immigration forms can be complex and overwhelming. Therefore, assistance is provided to complete the forms and ensure they are submitted accurately and on time.
To request special consideration before the USCIS, People with disabilities must submit an application that includes documentation to support their case. This documentation may vary depending on individual needs and circumstances, but generally includes a medical certificate issued by a licensed healthcare professional confirming the disability, documentation demonstrating how the disability affects the person’s ability to meet immigration requirements , and any other documentation that the applicant considers relevant to support their application.
The USCIS evaluates each request for special consideration individually to determine if the person meets the requirements and what appropriate measures are to provide the necessary support.
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