My friend has been selected for the 2010 DV lottery. Unfortunately she was diagnosed HIV positive a few years ago however she qualifies for the waiver based on her daughter who is a US permanent resident and her current health and financial condition. Her question however is whether on form DS-230 quastion 30.a. regarding whether she has a communicable disease, she should answer "yes" or "no". If she answers "yes" she is concerned that they will automatically disqualify her application and she will not be in the 55,000 even though she qualifies for the waiver. Does anyone who has experience with this have some sound advice on what she can do so that this opporutnity does not slip away from her and her children.
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Need some DS-230 Help!
- Thread starter ICGreen
- Start date
My friend has been selected for the 2010 DV lottery. Unfortunately she was diagnosed HIV positive a few years ago however she qualifies for the waiver based on her daughter who is a US permanent resident and her current health and financial condition. Her question however is whether on form DS-230 quastion 30.a. regarding whether she has a communicable disease, she should answer "yes" or "no". If she answers "yes" she is concerned that they will automatically disqualify her application and she will not be in the 55,000 even though she qualifies for the waiver. Does anyone who has experience with this have some sound advice on what she can do so that this opporutnity does not slip away from her and her children.
What waiver? First of all, U.S permanent resident doesn't have the rights to sponsor family members except their own family (wife, husband, and children).
On question 30a, she should say "yes". Regardless what she answer on DS-230, the blood test and the medical exam results that she will have to submit at the DV interview will show that she has HIV. There is no way to lie or hide the truth.
In my opinion, she will most likely be rejected regardless if her daughter is a U.S Permanent resident. DV applicants are evaluated individually and not based on the relationship with other family members.
It is at her own risk if she want to pursue the DV process even with such a high risk of denial. At the end, it will be up to the consular discretion to decide if she can receive the DV visa. Just as reminder, the visa fee is non-refundable even if she got rejected, which is about $775.
Guys, refer to form I-601. It is clear that someone with HIV may be allowed into the United States if they can prove that you have an immediate relative who is a citizen or permanent resident AND you provide evidence that you will not be dependent on Government aid nor be a danger to US public health. What I am not clear about is whether lottery applicants are included because all it says is "Immigrant visa applicants". In fact there is a bill currently in Washington to remove HIV from the "communicable diseases" list altogether. The US is one of only 12 countries in the that has this requirement.
What waiver? First of all, U.S permanent resident doesn't have the rights to sponsor family members except their own family (wife, husband, and children).
On question 30a, she should say "yes". Regardless what she answer on DS-230, the blood test and the medical exam results that she will have to submit at the DV interview will show that she has HIV. There is no way to lie or hide the truth.
In my opinion, she will most likely be rejected regardless if her daughter is a U.S Permanent resident. DV applicants are evaluated individually and not based on the relationship with other family members.
It is at her own risk if she want to pursue the DV process even with such a high risk of denial. At the end, it will be up to the consular discretion to decide if she can receive the DV visa. Just as reminder, the visa fee is non-refundable even if she got rejected, which is about $775.
that means my sponsor has to be a family member who lives in united states
There are two separate matters here. For her to apply to a green card (outside of the DV lottery) she would need to be sponsored by an immediate family member and you are right that US permanent residents can only sponsor spouses or unmarried children below a certain age. That is one issue. What I am referring to though is different. This is the requirement that immigrant visa applicants (I assume whether via family based, employment based or DV Lottery) would be inadmissable to the US if the HIV UNLESS they are granted this waiver. For purposes of this waiver, they will consider children, spouses AND parents of US citizens AND permanent residents.
To qualify to apply for an HIV waiver, an applicant must be:
The spouse of a U.S. citizen or legal permanent resident; or
The unmarried son or daughter of a U.S. citizen or legal permanent resident; or
The minor, unmarried lawfully adopted child of a U.S. citizen; or
The parent of a son or daughter who is a U.S. citizen or legal permanent resident; or
Eligible to self-petition under the Violence against Women Act (i.e. the abused spouse of a U.S. citizen or legal permanent resident); or
A Refugee or Asylee who falls under a “humanitarian” exception to the HIV bar
In addition to having a qualifying relative, an applicant to an HIV waiver must also:
1. Demonstrate, that the danger to the public health of the United States created by his or her admission is minimal;
2. Demonstrate that the possibility that the spread of the infection created by his or her admission to the United States is minimal; and
3. Prove that there will be no cost incurred by any level of government agency of the United States without prior consent of that agency.
The last condition is the most difficult to prove. The best way would be to have proof of private medical insurance which is impossible for someone living abroad as she does. The other option may be through her daughers own insurance or some clinical trial program with a University or Pharmaceutical company if they are able and willing to provide a letter stating that they would pay for her treatment. This would definitely be the biggest obstacle for her but is not impossible.
My major concern is that they will not even give her the opportunity to apply for the waiver especially as she is living outside of the US.
The spouse of a U.S. citizen or legal permanent resident; or
The unmarried son or daughter of a U.S. citizen or legal permanent resident; or
The minor, unmarried lawfully adopted child of a U.S. citizen; or
The parent of a son or daughter who is a U.S. citizen or legal permanent resident; or
Eligible to self-petition under the Violence against Women Act (i.e. the abused spouse of a U.S. citizen or legal permanent resident); or
A Refugee or Asylee who falls under a “humanitarian” exception to the HIV bar
In addition to having a qualifying relative, an applicant to an HIV waiver must also:
1. Demonstrate, that the danger to the public health of the United States created by his or her admission is minimal;
2. Demonstrate that the possibility that the spread of the infection created by his or her admission to the United States is minimal; and
3. Prove that there will be no cost incurred by any level of government agency of the United States without prior consent of that agency.
The last condition is the most difficult to prove. The best way would be to have proof of private medical insurance which is impossible for someone living abroad as she does. The other option may be through her daughers own insurance or some clinical trial program with a University or Pharmaceutical company if they are able and willing to provide a letter stating that they would pay for her treatment. This would definitely be the biggest obstacle for her but is not impossible.
My major concern is that they will not even give her the opportunity to apply for the waiver especially as she is living outside of the US.
They know that I-601 exists so that's not a problem, but the problem here is that all processing under DV has to completed by 9/30, while 601 might be considered for some time. Have you received the Endorsement of Local or State Health Officer the form asks? If so call KCC and ask if they need you to send the form to them, and if so how to pay its fee.
My friend has been selected for the 2010 DV lottery. Unfortunately she was diagnosed HIV positive a few years ago however she qualifies for the waiver based on her daughter who is a US permanent resident and her current health and financial condition. Her question however is whether on form DS-230 quastion 30.a. regarding whether she has a communicable disease, she should answer "yes" or "no". If she answers "yes" she is concerned that they will automatically disqualify her application and she will not be in the 55,000 even though she qualifies for the waiver. Does anyone who has experience with this have some sound advice on what she can do so that this opporutnity does not slip away from her and her children.
Just tell her to forget about it, there are no 0.00000000000000001 hope for her to get a visa as an HIV positive patient. So she shouldnt bother wasting her efforts, time, and money.
Petit,Petit, Petit.....She is not wasting her time,efforts and money.....she does have a chance, HIV positive people have been granted visas before,so it will not be the first time.....I just found out on August 13th the US Government had talks and agreed to remove HIV as a communicable disease on the DS-230 form and the Bill will be passed by the end of this year, which means by the time she has her interview it will not be a problem and she will not need to file the WAIVER I-601 at all.So she does have a chance just like everybody else.....
And Petit.....She is lifting up her eyes to the hills,where her help comes from.....the Lord
And Petit.....She is lifting up her eyes to the hills,where her help comes from.....the Lord