HIV trouble

[tyzh]

You mentioned she is a surgeon, so the chances of getting HIV from her job is high, unless you know otherwise. If that's the case, no one can reject her. Instead, the government, employer and insurance companies are obligated to take care of her for life.

 

[GC012002]

INS Policy with regard to HIV Infection

Here's the link:
http://uscis.gov/graphics/publicaffairs/factsheets/hivfs.htm

 

[sb_tiger]

That is a good link-
"....
Section 212(a)(1)(A)(i) of the Immigration and Nationality Act renders inadmissible any applicant for a visa or admission who is found, according to the regulations published by the Secretary of Health and Human Services (HHS), to have a communicable disease of public health significance, which includes HIV infection. However, in view of humanitarian and family unity concerns, the law also provides waivers of inadmissibility, which are discretionary and granted on a case-by-case basis.....
....Applicants seeking admission to the United States as immigrants (for a permanent stay must establish the required family relationship) They must be the spouse or unmarried son or daughter, or the minor unmarried lawfully adopted child of a U.S. citizen or permanent resident; or have a son or daughter who is a U.S. citizen or permanent resident.The applicant also must satisfy three discretionary criteria that were developed by INS to ensure the public health, safety and welfare:

1. The danger to the public health created by the alien's admission is minimal;
2. The possibility of the spread of the infection created by the alien's admission is minimal; and
3. No expense will be incurred by any government agency, without that agency's prior consent.
   [/list=1]
   ...."
   So if spouse is perm resident the waiver can be sought.
   Best wishes for recovery n good health and Good Luck for GC.
   HTH
   

 

[GC012002]

I think the original poster should seek a very very good lawyer who can present such a compelling reason why they are eligible for a waiver.

 

[4Dharma]

Thanks once again... for your thoughts, information and wishes..... I have engaged a lawyer who seems to have done such cases (not a big law firm). I don't think they care about the minority population anyway. Till the waiver is ready and my company lawyer accepts and submits it to INS I am on gas.... then will have to deal with the INS interview... We have not done anything wrong.... and hopefully we don't get thrown out.... at this point I am taking one day at a time...... Once again thanks for the ideas you are giving..... please pass on any information you get in this regard... It could happen to anyone...