Can I get US immigrant visa with F21?

Can I get US immigrant visa if I was accepted unliable for conscription and military service when passing military commission? They diagnosed schizotypal disorder (F21) and I have stamp in my passport that I am unliable for military service.

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  • 5 years ago
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    Yes,

    your mental illness does not exclude you from immigrating to the United States. However, since the US government doesn't know if you will be able to work or find employment, your sponsor will have to prove that he or she can take care of you potentially for the rest of your life. In a case like yours, the mandatory Affidavit of Support is only secondary in nature, and the proof of funds and income is significantly higher.

    Here's the law for that:

    Age and Health of Prospective Immigrant

    Both USCIS and Department of State are required to consider the immigrant's age, health, and ability to support themselves when making the public charge determination. This requirement is based on INA section 212(a)(4)(B):

    Factors to be taken into account.- (i) In determining whether an alien is excludable under this paragraph, the consular officer or the Attorney General shall at a minimum consider the alien's-

    (I) age;

    (II) health;

    (III) family status;

    (IV) assets, resources, and financial status; and

    (V) education and skills

    Only after considering these things, will DHS or DoS consider the affidavit of support:

    (ii) In addition to the factors under clause (i), the consular officer or the Attorney General may also consider any affidavit of support under section 213A for purposes of exclusion under this paragraph.

    Both the Adjudicators Field Manual (DHS) and Foreign Affairs Manual (DoS) refer to the "totality of circumstances", and specifically refer to INA 212(a)(4)(B). Some specific references in the Foreign Affairs Manual:

    9 FAM 40.41 N4.3 Family Status

    You should consider the marital status of the applicant and, if married, the number of dependents for whom he or she would have financial responsibility.

    9 FAM 40.41 N4.4 Applicant's Age

    You should consider the age of the applicant. If the applicant is under the age of 16, he or she will need the support of a sponsor. If the applicant is 16 years of age or older, you should consider what skills the applicant has to make him or her employable in the United States.

    9 FAM 40.41 N4.5 Education and Work Experience

    You should review the applicant's education and work experience to determine if these are compatible with the duties of the applicant's job offer (if any). You should consider the applicant's skills, length of employment, and frequency of job changes. Even if a job offer is not required, you should assess the likelihood of the alien's ability to become or remain self-sufficient, if necessary, within a reasonable time after entry into the United States. (See 9 FAM 40.41 N4.7.)

    9 FAM 40.41 N4.6-1 Aliens Subject to INA 212(a)(4)©/(D)

    An alien who must have Form I-864, Affidavit of Support Under Section 213(A) of the Act, will generally not need to have extensive personal resources available unless considerations of health, age, skills, etc., suggest that the likelihood of his or her ever becoming self-supporting is marginal at best. In such cases, of course, the degree of support that the applicant will be able and likely to provide becomes more important than in the average case.

    Source(s): An immigrant from Europe, I live on the American Rivera and work as an attorney in Santa Barbara, California.
  • 5 years ago

    Your mental health issues, schizophrenia, make you ineligible for immigration anywhere.

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