derivative status

M

marsvila

New Member
Hi.,
I currently hold an H1B visa and my spouse has an approved I-140. I am applying for derivative status but it turns out that she is HIV positive but I am not. Are our I-485 application treated separately or I am automatically ineligible for permanent residence?

Please advise.
 
you need to consult an attorney on this one.. but from the face value a HIV +ve reading is a reason for INS to deny her petition & if you are a derivative on her .. if she gets bumped so do you.

HTH
 
waiver

being the fact that you are already in the united stated .....there is a chance you may be eligible for a waiver......even people with Hiv status may be elegible for a waiver...not quiet sure if you would have to be the spouse of a USC..........
ofcourse you would have to prove if you were to be remove how would that affect you ......

you may want to look into that
 
Thank you all those who replied. I wanted to know if the applications are processed differently. I was just about to petition for my own I-140 just in case we have problems. What takes priority, family ties or the medical conditions? Anyone with experience with this?
Thank you.
 
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