what happens to HIV + applicants?Going to be DENIED?

V

ver9mer

New Member
Hello,

I have a question regarding hiv pos cases. it is said that an applicant who is tested hiv positive just before application of I-485 MUST forget about getting the green card at all because s/he will be categorized as inadmissible unless s/he files a waiver.
But if s/he is on the path to green card thru employment-labor certification applications then the very first condition to be able to file a waiver is s/he must have a green card holder or US citizen relative!!!Then s/he could try to file a waiver with very heavy conditions which make the waiver very difficult to get approved.
Ok so far, it still seems that 'not all the doors' are closed as long as s/he has a relative contact.
But what happens is s/he has NO relative who is either green card holder or US citizen??? Then the very first condition to be able to file the waiver will not be satisfied...! So can we say that s/he MUST forget about filing of I-485 because it will be DENIED automatically!
Ideas sharing experiences or comments would be appreciated. Thanks.
 
Hello,

I too in the same condition. My wife is HIV+ (found in the INS medical examination) and I am not. She is my dependent. Any clue if she submit the waiver along with the I485 documents as I am currently not a permanent resident?

thanks
 
SiriRam said:
Hello,

I too in the same condition. My wife is HIV+ (found in the INS medical examination) and I am not. She is my dependent. Any clue if she submit the waiver along with the I485 documents as I am currently not a permanent resident?

thanks
Click to expand...

I think right now you should just file your I485s (hers perhaps without the medical report, you can send it on the RFE) and then do some more testing ASAP to find out if that HIV+ve result is really true. From what I read that test sometimes provides false positives, and I hope thats happened in your case.

If subsequent testing also confirms this, then yes, you'll need to file a waiver, talk to a lawyer. You may also want to look into getting counseling as this might have some impact on your lives and relationship. All the best. May God help you through these tough times...
 
Thanks for the quick response. Unfortunately the further tests proved it is a true positive. She is under treatment/medication now.

Our attorney informed us as I currently not a US citizen or permanent resident so she can't file waiver. I am not sure how it is going to be? If INS approve mine (the adjustment of status), INS as to accept the waiver for my wife? Or INS can reject mine based on the my wife's health conditions?

Now I care about her health than anything else and I am more comfort here because of the best medication/insurance that available here.

Thanks
 
Really sorry to know about it. I am not a lawyer no have much info in this regard so you may want to consult a lawyer.

What if you file for your GC and when you get yours file for hers? Then you will be able to file for a waiver maybe?

So did she know about her hiv+ only in immigration medicals or even before that? Also are there any symptoms or how does one know about it without doing tests? How did she get it? Maybe if she got it while some medical treatment while in US, maybe she can get a waiver?

I really hope she gets well soon.


SiriRam said:
Thanks for the quick response. Unfortunately the further tests proved it is a true positive. She is under treatment/medication now.

Our attorney informed us as I currently not a US citizen or permanent resident so she can't file waiver. I am not sure how it is going to be? If INS approve mine (the adjustment of status), INS as to accept the waiver for my wife? Or INS can reject mine based on the my wife's health conditions?

Now I care about her health than anything else and I am more comfort here because of the best medication/insurance that available here.

Thanks
Click to expand...
 
You must log in or register to reply here.
Top