This is a link to the Documentary: http://www.entry-denied.com/
PHIL & HANS
Hans and Phil met in 1978 in Denamark. It was love at first sight. During the following two-and-a-half years they fought the challenges of being from two different countries, together about half that time, the other half trying to get together again, exchanging letters, phone calls, and audio messages. Phil had a successful career; Hans’ career had yet to begin. Hans came to the US in 1980 on a student visa. He earned a Bachelor degree in psychology at San Francisco State University and a Master degree in psychology at Antioch University. For the next sixteen years he maintained legal non-immigrant status, working as a psychologist and living with Phil in California.
In 1996 Hans work visa expired, and with it he ran out of legal options for remaining in the US. A number of issues complicated Hans immigration situation. Hans had contracted HIV, in this country, no later than 1983. By now US immigration law included a strict immigration exclusion for individuals with HIV. The law provided for a waiver for certain individuals with have a US citizen or permanent resident parent, child, or spouse. Hans did not have any “qualifying relatives” which would make him eligible for a waiver. Of course, because Hans could not marry Phil, he is not eligible for a waiver on the basis of their relationship.
In 1996, Congress passed the Defense of Marriage Act which further ensured that even if they could marry, that they would not be considered as spouses for immigration purposes, despite their twenty-one year relationship. To add to the tremendous personal stress this situation posed, for the last 3 years Hans has been trapped in the US because of his undocumented status and unable to see his family in Holland. If he left the country, he would not be re-admitted.
In 1997 Hans filed a petition for a “green card” under the “National Interest Waiver” category (for professionals with an advanced degree whose work is deemed to be in the national interest). Hans demonstrated that his work with severely emotionally disturbed children has contributed to some of them starting productive lives as opposed to victimizing others or ending up in jail or mental institutions. Hans petition was approved by the INS because of his major contributions to this country. Ironically the INS itself declared Hans to be eligible for permanent residence because his work was deemed to be in the national interest. However, because of the HIV ban, Hans is still ineligible for permanent residence.
In April, 1997, Hans filed an application for adjustment of status based on the approved National Interest Waiver petition. The application was accompanied by a supporting letter from Congressman Ronald V. Dellums, an affidavit of support by Phil, and statements from his doctor that he has his own health insurance, remains healthy, and knows how to prevent HIV transmission. Despite all this, in November 1998, the INS ordered Hans to leave the country “immediately” saying that he was ineligible for permanent residence because of his HIV status.
Hans and Phil cling to one last ray of hope: a private member’s bill in Congress. To keep Hans in the country as a professional whose work has been deemed to be in the national interest, Rep. Barbara Lee has introduced such a bill, known as, H.R. 2501, in the House Judiciary Subcommittee of Immigration and Claims, to seek permanent residence for Hans. The Subcommittee is currently chaired by Rep. Lamar Smith. Status Report readers wishing to express support for this bill should contact the LGIRTF office to find out if their representative sits on the sub-committee.
This is a link to the Documentary: http://www.entry-denied.com/