Hey everybody, I would really appreciate some information on this. I was just planing to get married to the US citizen outside US. Meanwhile, I found out I'm HIV+. Does anybody have some experience what happens in this case with my green card etc. In what step do they ask for the blood tests? From what I realized - the whole thing depends on the stage of the illness - in my case, it's the early stage, no medicines so far! Thank you all.
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about to get married, but HIV+
- Thread starter bruceNY
- Start date
PraetorianXI
Banned
What is the HIV Ban?
In 1993 Congress amended the Immigration and Nationality Act to statutorily designate HIV a “communicable disease of public health significance.” Any foreign national applying for legal permanent residence (a “green card”) in the U.S. must undergo a medical examination which includes an HIV test. If the applicant tests positive, her/his application for legal permanent residence will be denied, unless s/he qualifies for an HIV waiver.
Is there any way to enter the U.S. if a person is HIV positive?
YES. An HIV positive foreign national may enter the U.S. by obtaining special permission, or a “waiver” of the HIV ban. The requirements for an HIV waiver differ based on whether the applicant is seeking permanent admission to the U.S. (a “green card”) or temporary permission to visit the U.S.
HIV waivers for legal permanent resident applications are only available to applicants with U.S. citizen or legal permanent resident immediate relatives (opposite sex spouses; children; or U.S. citizen parents, if the applicant is unmarried); or those who have been granted political asylum or refugee status; or those who have been victims of domestic violence by their U.S. citizen or legal permanent resident spouse or parent.
For more information about the requirements for obtaining an HIV waiver as a legal permanent resident, please see Immigration Equality’s website, www.immigrationequality.org, or contact Immigration Equality at info@immigrationequality.org.
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Also read this document: http://www.alrp.org/downloads/AIDS Law-Chapter 10. Immigration.pdf
In 1993 Congress amended the Immigration and Nationality Act to statutorily designate HIV a “communicable disease of public health significance.” Any foreign national applying for legal permanent residence (a “green card”) in the U.S. must undergo a medical examination which includes an HIV test. If the applicant tests positive, her/his application for legal permanent residence will be denied, unless s/he qualifies for an HIV waiver.
Is there any way to enter the U.S. if a person is HIV positive?
YES. An HIV positive foreign national may enter the U.S. by obtaining special permission, or a “waiver” of the HIV ban. The requirements for an HIV waiver differ based on whether the applicant is seeking permanent admission to the U.S. (a “green card”) or temporary permission to visit the U.S.
HIV waivers for legal permanent resident applications are only available to applicants with U.S. citizen or legal permanent resident immediate relatives (opposite sex spouses; children; or U.S. citizen parents, if the applicant is unmarried); or those who have been granted political asylum or refugee status; or those who have been victims of domestic violence by their U.S. citizen or legal permanent resident spouse or parent.
For more information about the requirements for obtaining an HIV waiver as a legal permanent resident, please see Immigration Equality’s website, www.immigrationequality.org, or contact Immigration Equality at info@immigrationequality.org.
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Also read this document: http://www.alrp.org/downloads/AIDS Law-Chapter 10. Immigration.pdf
http://www.immigrationportal.com/showthread.php?t=273293
pretty much the same case. Just a different illness.
pretty much the same case. Just a different illness.