Help in forms - AOS and HIV

[ccordova624]

Asylee AOS and HIV

Hello everybody,

Im trying to help a relative of mine. Here is his case:
His asylum was approved in 2003.
Asylum based on HIV+
He filed his I-485 on 2004
On December 2005 CIS sent a RFI (Medical examination)
He received the RFI on March 2006 (1st RFI got lost in the mail)
** Now he went to get his Medicals Exams and I am sure the HIV test will show positive.

Now, CIS only requested the medical exams, but they did not request the I-602 waiver.

Questions:
Should he send the waiver (I-602) along with the medical exams? or for now just send the medical exams and wait for a RFE (requesting the I-602)?

Or talk to a lawyer to do all that for him?
Does anybody now where I can get step by step info about this?

 

[thankful]

Yes he needs an attorney. An HIV-based I-602 waiver is complicated. There is a three prong requirement that must be satisfied in full. A layperson can really mess it up.

 

[ccordova624]

Yes he needs an attorney. An HIV-based I-602 waiver is complicated. There is a three prong requirement that must be satisfied in full. A layperson can really mess it up.

Thanks for your reply.
Should he wait to file his I-602 until CIS request for it?
or
Should he file it along together with his medical exams?

 

[val2000]

(now) It seems like the I602 is being requested when applying initially. http://uscis.gov/graphics/services/RefAdjust/index.htm

Asylees Filing for Permanent Resident Status
...
- I-602, Application by Refugee for Waiver on Grounds of Excludability, if applicable

I should suggest you that talk to a lawyer. Don't know if this number can help your family member.

Immigration Equality, Inc.
350 West 31st Street, Suite 505
New York, NY 10001
USA

Tel: +212.714.2904