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Old 02-05-2012, 11:08 AM
 
Location: Germany,Cologne
28 posts, read 24,889 times
Reputation: 40
Default Greencard for my handicapped husband ?

My husband had a car accident 14 years ago and is paraplegic. His spinal cord had only been bruised and therefore he's suffering from pains seven days a week. He must take a lot of medicine and they make him tired,aggressive,depressive and so forth. His doctor wants to give him morphine if the medicine won't help him anymore and side effects don't stop.
These are teh facts.
We found out that the main problem with his pains is the climate in Germany here. The summer is short with a lot of rain. Between September and May we have a lot of rain also and it's cool or cold ,windy and wet.
When we spent our holidays in Spain, Mexico and Florida he was completly free of pains and didn't need his medicine.
So we decided to leave Germany. Of course the easiest way would have been to go to Southern Europe because the climate is warm and dry there.
But it's hard to live there with a wheelchair because there are no laws to make it easier for handicapped people to live there.
The USA is the once country we know where handicapped people are integrated. You have restrooms for handicapped in the restauraunts,elevators and ramps and so forth. For you it's normal but for us it's something special because we don't have this in Germany.
When we go in a restauraunt here in Cologne ,my husband can't go to the restroom because the door is not wide enough or they are mostly downstairs. The shops have often steps at the front door, he can't use the train alone and so forth.
So we decided to go to Florida because the climate is perfect for him there. We moved 2009 to Sarasota with a L1 Visa that was valid for one year. But that we had trouble to extend our visa and had to go back to Germany. Now we are here and his pains are worst than before.
So we want to go back to the USA again but it's not easy to get a visa again....
I know that you can go to the immigration court to tell them your problem and sometimes they give you a Greencard and make an exception.
Do you think we would have a chance to get this ? We could prove that he needs a warm climate , his doctor would write something for him and we could prove that we have enough money.
My husband gets a pension for the rest of his life so we have no problems with the money and can live wherever we want.
Also we could show that my husband is discriminated in Germany and the quality of life is better in the USA.
Do you think it's possible to get a Greencard because of discrimination and healthy reasons ?
Or does anybody knows a lawyer who could help us in this special case ?
We asked two immigration lawyers in Florida but they couldn't give us an answer. They only know the different kinds of visa...
Are there special lawyers in the USA who can help us when we want to go to the immigration court ? Or do you have another idea ? Perhaps there are organisations for handicapped people which can help us ?
We are pretty despareted because we want to find a legel way to move that my husband can live in conditions fit for human beings.
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Old 02-05-2012, 11:12 AM
 
Location: The front porch outside of the Astral Plane
17,023 posts, read 10,071,083 times
Reputation: 27264
If your husband has no pains in the warmer climates in Europe and it is easier to go there why not just go there. Even if the handicapped accessibility is not what it is in the USA without the pains in the warmer climate I see no reason for that particular point to be an issue.
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Old 02-05-2012, 12:28 PM
 
Location: St Thomas, US Virgin Islands
21,636 posts, read 25,212,126 times
Reputation: 22321
I agree. I don't think you have much of a leg to stand on where US immigration is concerned. And don't assume that the US is generally a haven for the handicapped. The state of Florida has always been a haven for many retired US citizens because of the more generally clement weather and, since handicapped accessibility has been Federally regulated for newer buildings, has become even more appealing. Even before the Federal rulings on handicapped accessibility, Florida is a pretty "flat" state topographically.

With all due respect, I don't think your particular situation can in any way translate to any accordance of a special dispensation towards permanent US residency. In the first "sticky" on this forum page you'll find a link to the USCIS website which will afford you all the information you need to know about the various visas available and what you need to qualify for them.

If I were you I'd look more into the EU countries again. Even if handicapped accessibility isn't designated by law, there are many areas of Spain (for instance) which are relatively flat. Your European options are far greater than your chances in the US. Good luck!
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Old 02-05-2012, 12:46 PM
 
1,124 posts, read 1,018,073 times
Reputation: 1807
I sympathize with your situation, and I suspect it would be difficult. Unless you are incredibly wealthy, I suspect that even if there was a legal avenue open to you, there would be concern that future health care costs could be very high for someone aging with a spinal cord injury. Since you haven't contributed as an employee in the US, then you wouldn't be eligible for disability payments/Medicare which could help with medical expenses.

Are you sure you would want to risk leaving free health care in Europe?!? That seems crazy to me.

I do have a very good resource for you. Check out this website, which includes many discussions about SCI and related issues - including travel, work, financial and occasionally some legal.

CareCure Community

Join this site. Then once you are able to post, go to the "Life" forum/discussion board and post your question. Be sure to include some details about your husband's injury and level of function, as it will motivate more people to understand your dilemma and be willing to help you. There are many people who use the site who are from Europe and may be able to recommend places in Southern Europe, or even outside of Europe, that may be more receptive and worth of consideration. There are also a few people from Europe who now live in the US, who may know more of the legal issues. It is also a fantastic site for addressing medical issues related to spinal cord injury. There is also a forum just discussing Pain and SCI.


One thought - I have heard that Barcelona is much more accessible now, as everything had to be added to make it accessible prior to when they hosted the Olympics/ParaOlympic games. This may be true in some areas of Athens, for similar reasons. Of course, you will never find a city that is completely accessible (shops, restaurants) as Europe is simply full of older constructions. For that reason, when you are a chair user, you find that you must often be more prepared for all outings.... calling ahead to check out accessibility, keeping supplies with you, using the privacy of your car in case of urgent needs. Yeah, it really stinks.

Any thought of simply living half the year in Germany, when weather is good, and half the year in the South of Europe? Each year try a different country/city, after doing your research, until you find one that would suit you year-round. Then buy a house. Maybe even consider some other countries that may be less restrictive if they see your financial security. Singapore...

I would think that with the amazing social welfare system in Europe, that people with disability should fight for an ADA type law in the EU. Of course these things are never easy, but you have to start somewhere. Rent the movie "Lives worth Living".

Last edited by sfcambridge; 02-05-2012 at 01:00 PM..
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Old 02-05-2012, 03:28 PM
 
Location: Rogers, Arkansas
1,235 posts, read 2,330,702 times
Reputation: 1094
I am sorry for your situation, but you will not get a visa just because of your husband's medical issues. Your options are to get another work visa somehow (difficult in the current economic climate), or try for the Diversity Visa Lottery.
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Old 02-06-2012, 08:20 AM
 
Location: Durham UK
1,996 posts, read 2,316,566 times
Reputation: 1024
[quote=CSD610;22855839]If your husband has no pains in the warmer climates in Europe and it is easier to go there why not just go there. Even if the handicapped accessibility is not what it is in the USA without the pains in the warmer climate I see no reason for that particular point to be an issue.[/quote]

Did you even read the post?
Her husband is a paralysed from the waist down and you think that point isn't an issue

To the OP -I wouldn't come to the USA without a job that provides health insurance coverage. You will not be able to get insurance for your husband becasue of his pre-existing condition unless it's a group (ie employer) plan. or if you can , the premiums will be extortionate.

Have you looked at Australia?
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Old 02-06-2012, 08:26 AM
 
Location: Durham UK
1,996 posts, read 2,316,566 times
Reputation: 1024
Quote:
Originally Posted by sfcambridge View Post
I sympathize with your situation, and I suspect it would be difficult. Unless you are incredibly wealthy, I suspect that even if there was a legal avenue open to you, there would be concern that future health care costs could be very high for someone aging with a spinal cord injury. Since you haven't contributed as an employee in the US, then you wouldn't be eligible for disability payments/Medicare which could help with medical expenses.

Are you sure you would want to risk leaving free health care in Europe?!? That seems crazy to me.

I do have a very good resource for you. Check out this website, which includes many discussions about SCI and related issues - including travel, work, financial and occasionally some legal.

CareCure Community

Join this site. Then once you are able to post, go to the "Life" forum/discussion board and post your question. Be sure to include some details about your husband's injury and level of function, as it will motivate more people to understand your dilemma and be willing to help you. There are many people who use the site who are from Europe and may be able to recommend places in Southern Europe, or even outside of Europe, that may be more receptive and worth of consideration. There are also a few people from Europe who now live in the US, who may know more of the legal issues. It is also a fantastic site for addressing medical issues related to spinal cord injury. There is also a forum just discussing Pain and SCI.


One thought - I have heard that Barcelona is much more accessible now, as everything had to be added to make it accessible prior to when they hosted the Olympics/ParaOlympic games. This may be true in some areas of Athens, for similar reasons. Of course, you will never find a city that is completely accessible (shops, restaurants) as Europe is simply full of older constructions. For that reason, when you are a chair user, you find that you must often be more prepared for all outings.... calling ahead to check out accessibility, keeping supplies with you, using the privacy of your car in case of urgent needs. Yeah, it really stinks.

Any thought of simply living half the year in Germany, when weather is good, and half the year in the South of Europe? Each year try a different country/city, after doing your research, until you find one that would suit you year-round. Then buy a house. Maybe even consider some other countries that may be less restrictive if they see your financial security. Singapore...

I would think that with the amazing social welfare system in Europe, that people with disability should fight for an ADA type law in the EU. Of course these things are never easy, but you have to start somewhere. Rent the movie "Lives worth Living".
Healthcare IS NOT FREE in Europe!

If you didn't need to work in the US and could get travel insurance coverage then a US visitors visa (which allows you to stay in the US for 6 months at a time) might be an option. You have to keep a permanent residence in Germany and show that you have enough funds to live in the US for 6 months.
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Old 02-06-2012, 08:41 AM
 
5,367 posts, read 6,232,257 times
Reputation: 6350
Australia won't let you in at all if you have a previous existing medical condition. that's how they keep their excellent healthcare for themselves.

OP--how old are you? May I also ask you level of education? You appear to be quite intelligent. Being bilingual German/English could be quite an asset, especially in universities. Perhaps if you could get a job here it might help your immigration status.

I know next to nothing about the immigration procedures, but I do understand beign disabled. I am able to walk, but need a lot of support and can't handle stairs. I understand the frustration of restaurants with bathrooms downstairs, no elevators, etc. While things aren't perfect this side of the pond, still, much better than Europe.

I wish I had more to offer.......Good Luck to you!
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Old 02-06-2012, 08:43 AM
 
5,367 posts, read 6,232,257 times
Reputation: 6350
[quote=Whatsthenews;22865920]
Quote:
Originally Posted by CSD610 View Post
If your husband has no pains in the warmer climates in Europe and it is easier to go there why not just go there. Even if the handicapped accessibility is not what it is in the USA without the pains in the warmer climate I see no reason for that particular point to be an issue.[/quote]

Did you even read the post?
Her husband is a paralysed from the waist down and you think that point isn't an issue

To the OP -I wouldn't come to the USA without a job that provides health insurance coverage. You will not be able to get insurance for your husband becasue of his pre-existing condition unless it's a group (ie employer) plan. or if you can , the premiums will be extortionate.

Have you looked at Australia?
Many people simply don't understand how one can be paralyzed and still feel pain....its the worst of both worlds............
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Old 02-06-2012, 08:51 AM
 
5,566 posts, read 7,603,922 times
Reputation: 5377
Quote:
Originally Posted by CSD610 View Post
If your husband has no pains in the warmer climates in Europe and it is easier to go there why not just go there. Even if the handicapped accessibility is not what it is in the USA without the pains in the warmer climate I see no reason for that particular point to be an issue.
Just for giggles - live for one day in a wheel chair. It is a different world out there.
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