Us Immigration woes

What is the HIV bar to immigration?

Immigration Equality

Section 212(a)(1)(A)(i) of the Immigration and Nationality Act states that any foreign national with a “communicable disease of public health significance” which includes HIV, is “inadmissible.” This means that if you are HIV-positive, you can only obtain a “green card” if you qualify for a waiver. If you are HIV-positive and apply for legal permanent residence and do not qualify for a waiver, your application will be denied and you may be placed in removal (deportation) proceedings.

Is there any way to obtain legal permanent residence even if I’m HIV-positive?

Yes, foreign nationals who have certain qualifying relatives and meet other criteria, such as demonstrating that the United States government will not have to pay for the costs of medical treatment, may be able to obtain a waiver of the HIV ban. Asylees and refugees can apply for an HIV waiver even if they don’t have a qualifying relative. For more information on waivers see HIV Waivers.

Who qualifies to apply for a waiver to the HIV ground of inadmissibility?

To qualify to apply for an HIV waiver, an applicant must be:

The spouse of a U.S. citizen or legal permanent resident; or
The unmarried son or daughter of a U.S. citizen or legal permanent resident; or
The minor, unmarried lawfully adopted child of a U.S. citizen; or
The parent of a son or daughter who is a U.S. citizen or legal permanent resident; or
Eligible to self-petition under the Violence against Women Act (i.e. the abused spouse of a U.S. citizen or legal permanent resident); or
A Refugee or Asylee who falls under a “humanitarian” exception to the HIV bar

What is the HIV bar to immigration?

This entry was posted on Friday, November 30th, 2007 at 4:09 pm and is filed under US Immigration Woes. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.