AOS Interview and Inadmissibility

Noela

Registered Users (C)
Hi,


I am writing (on behalf of a friend) to seek your assistance on an immigration matter.

1. My friend, has been registered as an RN for the last three years, and has submitted an employment-based AOS application.

2. During the course of the medical examination, she diagnosed with HIV in 2002, and has been under competent care since then - her condition has stabilized and she is doing fine.

3. She has been called for an AOS interview on Dec 2nd - just two days away She is not completely prepared to attend the interview because her Visa screen is not complete. She thought of re-rescheduling, but decided against it for two reasons:

-- first, she was once married to a US citizen, who bailed out on her when the time came for her first AOS interview - he failed to produce documentation needed for the interview, so she was left with no choice but to reschedule that interview in 2001/2002.

-- when she was called for the second interview, she had already and couldn't get the notification in time to appear. As a result of these two issues, she feels she has to be present at least for this interview.

4. The above marriage has broken - she does not know where the gentleman is - though she is still legally married to him.

5. My friend has no legal representation at this time, and plan to present at the interview without one (unless she can obtain and afford one immediately).

5. Now the question is, what are the implications of her status (being HIV positive) for the outcome of the AOS interview?

-- will she be put in deportation proceedings immediately, because the INS now knows she is positive?

--what will likely follow her appearance at the interview by herself?

-- are there any chances that she can be allowed to stay in given that her profession is in demand in the US, and she is in good health condition, and can afford private health insurance?

-- can the fact that she is still legally married to a US citizen be used as a basis for a waiver application, regardless of the current status of the relationship?

She is looking for a lawyer at this time.....


cheers - Noela
 
Noela said:
She is looking for a lawyer at this time.....

I hate to oversimplify my response, but seeking the assistance of a good lawyer both for pre-interview advice, and to attend the interview with her sounds like a must. Your friends' situation is complicated in a number of ways, and only someone completely familiar with the intricacies of immigration law and the relief it provides (or does not provide) would be in a position to help her. Good luck to her and her situation.
 
Top