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Author Topic: US immigration and HIV  (Read 8117 times)

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Offline komnaes

  • Member
  • Posts: 1,906
US immigration and HIV
« on: June 16, 2011, 08:57:41 am »
Boys and Girls,

I want to update my file on immigration policies in different countries and also actually to help a friend who wants some practical advises regarding US policies now that the HIV ban has been lifted:

I have the impression that HIV is not longer required for applying green card under the grounds of marriage and family reunion. But then there is a ground of rejection if the applicant will become a "public charge" (i.e. imposing more than average health costs, etc). How does it actually work? Is being UD while on meds a good thing or bad thing? Anyone has any actual experiences?

Now the more specific, if a couple wants to get married (hetero, to be clear), and the non US citizen partner is HIV+ (healthy while on meds), what's the best way to avoid a green card application being rejected? The practical issue of course is that they don't want to be caught in a situation where the non-citizen HIV+ partner's application is rejected after they get married (as the goal is settle down and start the family in the US). Should they get engaged first? Or to go ahead and get married first before applying?

It would be great if anyone can refer me to any good immigration attorneys in Los Angeles you have good experiences with (please do that with PM), or organizations like the ALRP Referral Project (in San Francisco) in the city.

Thanks in advance, hugs, Shaun
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Aug 07 Diagnosed
Oct 07 CD4=446(19%) Feb 08 CD4=421(19%)
Jun 08 CD4=325(22%) Jul 08 CD4=301(18%)
Sep 08 CD4=257/VL=75,000 Oct 08 CD4=347(16%)
Dec 08 CD4=270(16%)
Jan 09 CD4=246(13%)/VL=10,000
Feb 09 CD4=233(15%)/VL=13,000
Started meds Sustiva/Epzicom
May 09 CD4=333(24%)/VL=650
Aug 09 CD4=346(24%)/VL=UD
Nov 09 CD4=437(26%)/VL=UD
Feb 10 CD4=471(31%)/VL=UD
June 10 CD4=517 (28%)/VL=UD
Sept 10 CD4=687 (31%)/VL=UD
Jan 11 CD4=557 (30%)/VL=UD
April 11 CD4=569 (32%)/VL=UD
Switched to Epizcom, Reyataz and Norvir
(Interrupted for 2 months with only Epizcom & Reyataz)
July 11 CD=520 (28%)/VL=UD
Oct 11 CD=771 (31%)/VL=UD(<30)
April 12 CD=609 (28%)/VL=UD(<20)
Aug 12 CD=657 (29%)/VL=UD(<20)
Dec 12 CD=532 (31%)/VL=UD(<20)
May 13 CD=567 (31%)/VL=UD(<20)
Jan 14 CD=521 (21%)/VL=UD(<50)

Offline metekrop

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  • Is time running fast for you.
Re: US immigration and HIV
« Reply #1 on: June 16, 2011, 10:24:40 am »
It is said that beginning January 4, 2010, HIV testing will no longer be required as part of the U.S. immigration medical screening process.  This applies to all individual who are coming to the US thought marriage, asylum, refugee etc. and so where there is no such test there cannot be any way to know when the person is infected with HIV or not.  It is not also possible to ascertain that the person is in danger of public health due to his positive test results. And this immigrant foreigner can apply for green card and get it just like any other person so long as he is fulfilling the other immigration requirements.  I can provide you lawyers in DC area but I don't know if they can work in your area.
« Last Edit: June 16, 2011, 10:29:13 am by metekrop »
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Diag.on 12/8, 2000, CD 440 VL 44K, No Meds
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Offline komnaes

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  • Posts: 1,906
Re: US immigration and HIV
« Reply #2 on: June 16, 2011, 12:05:22 pm »
Thanks Metekrop!

These DC attorneys you have mentioned - have you worked with or hired them before? It's be great if you already have good experiences with them to merit a referral. If so please do PM me with their contacts. I would think even if they don't work for clients in another state, they may at least know others in LA they can recommend.

The confusing thing, for me anyway, is that this "public charge" (not "danger to the public", more like a cost consideration for general government health expenses) still pops up as a ground of rejection. My understanding is that it's like something they have in Canada - but than I believe this "public interests" ground will not apply to married couples or family members.

Anyone has any recent experiences?

Shaun
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Aug 07 Diagnosed
Oct 07 CD4=446(19%) Feb 08 CD4=421(19%)
Jun 08 CD4=325(22%) Jul 08 CD4=301(18%)
Sep 08 CD4=257/VL=75,000 Oct 08 CD4=347(16%)
Dec 08 CD4=270(16%)
Jan 09 CD4=246(13%)/VL=10,000
Feb 09 CD4=233(15%)/VL=13,000
Started meds Sustiva/Epzicom
May 09 CD4=333(24%)/VL=650
Aug 09 CD4=346(24%)/VL=UD
Nov 09 CD4=437(26%)/VL=UD
Feb 10 CD4=471(31%)/VL=UD
June 10 CD4=517 (28%)/VL=UD
Sept 10 CD4=687 (31%)/VL=UD
Jan 11 CD4=557 (30%)/VL=UD
April 11 CD4=569 (32%)/VL=UD
Switched to Epizcom, Reyataz and Norvir
(Interrupted for 2 months with only Epizcom & Reyataz)
July 11 CD=520 (28%)/VL=UD
Oct 11 CD=771 (31%)/VL=UD(<30)
April 12 CD=609 (28%)/VL=UD(<20)
Aug 12 CD=657 (29%)/VL=UD(<20)
Dec 12 CD=532 (31%)/VL=UD(<20)
May 13 CD=567 (31%)/VL=UD(<20)
Jan 14 CD=521 (21%)/VL=UD(<50)

Offline metekrop

  • Member
  • Posts: 428
  • Is time running fast for you.
Re: US immigration and HIV
« Reply #3 on: June 16, 2011, 12:51:48 pm »
I know of a couple of Lawyers who I think did the immigration case with people having HIV.  Their case was pending for almost more than ten years was that of asylum.  I just have to check with the lawyers if they can be of referral to your area.  In the mean time I would like you to look into the following websit to have understaing of the case. 

http://www.law-visa-usa.com/forum/viewtopic.php?p=4887&sid=f025c65c745da5c6699fd61b80e203fd

HIV and Public Charge

With the end of the HIV ban and the end of the need for HIV waivers, HIV-positive applicants will no longer have to demonstrate that there will be no cost incurred by any level of government agency of the United States without prior consent of that agency. In other words, there will no longer be a need to show proof of having private health insurance.

In cases where an LPR applicant’s HIV status is known to USCIS or a consulate abroad, it is possible that an adjudicator will examine the public charge issue more closely.

Simply being HIV-positive is not a reason to find that an individual is likely to become a public charge. If, however, an LPR applicant has been too sick to support himself or herself, or has been in long-term nursing home care, his or her application may be denied on public charge grounds.

Under the USCIS guidance, receipt of medication or medical care through the AIDS Drug Assistance Program, Ryan White money, and/or receipt of HIV-specific housing or nutrition assistance should not create a public charge problem.

Here the main important thing in this case is the fact that beginning Jan. 4, 2010, the civil surgeon, or panel physician should no longer test an individual for HIV during a foreign national’s medical examination.

The following sit also gives you some important idea of the case:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1a05cc5222ff5210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD
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Offline karry

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  • Posts: 344
Re: US immigration and HIV
« Reply #4 on: June 16, 2011, 05:27:42 pm »
Quote from: komnaes on June 16, 2011, 12:05:22 pm

The confusing thing, for me anyway, is that this "public charge" (not "danger to the public", more like a cost consideration for general government health expenses) still pops up as a ground of rejection. My understanding is that it's like something they have in Canada - but than I believe this "public interests" ground will not apply to married couples or family members.


Hi Shaun, I just wanted to point out that you're right about Canada. HIV+ applicants are accepted if they have family or partners here. However if you are pos, have never been on meds and have cd4 counts above 500 and an undetectable viral load, you will be accepted regardless of if you have a family or partner in Canada or not. That was my personal experience.

Karry.
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Offline Valmont

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  • Posts: 338
Re: US immigration and HIV
« Reply #5 on: June 16, 2011, 07:56:59 pm »
Hi Karry...

This is a great new.  I´ve been HIV detected last Wenesday and just the day before, Quebec has commented me that me and my familly were selected to migrate there after waiting for more than a year for that news, my wife does not know about these two things.......  I was thinking of giving up with this life plan.....

Anyway I thought VIH for Canada made your immigration query rejected... 

Actually, I´m living in South America (I´m a french guy) and for a long time, we were dreaming on moving to that country...




edited by Ann by Valmont's request
« Last Edit: June 23, 2011, 11:54:36 am by Ann »
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Apr 2011: Diagnotized
Jun 2011: CD4: 504  VL: 176.000
Dic 2011: CD4: 714  VL: 95.000
May 2012: CD4: 395 VL: 67.000
Jun 2012: CD4: 367
Agu 2012: Starting Emtricitabine 200 mg / Tenofovir 300 mg and Efavirenz 600 mg (2 pills) different brands or VIRADAY/ATRIPLA/Mylan....
Sep 2012: VL: 138
Dic 2012: CD4: 708 VL: <34  %CD4: 32%
Jan 2013: CD4: 707 VL: <20
May 2013: CD4: 945 VL: <34 %CD4: 33%
Agu 2013: CD4: 636 VL: <34 %CD4: 50%
Dic 2013: Latent TB, started Isoniazid

Offline karry

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  • Posts: 344
Re: US immigration and HIV
« Reply #6 on: June 16, 2011, 10:10:33 pm »
Quote from: Valmont on June 16, 2011, 07:56:59 pm
Hi Karry...

This is a great new.  I´ve been HIV detected last Wenesday and just the day before, Quebec has commented me that me and my familly were selected to migrate there after waiting for more than a year for that news, my wife does not know about these two things.......  I was thinking of giving up with this life plan.....

Anyway I thought VIH for Canada made your immigration query rejected...  

Actually, I´m living in Ecuador (I´m a french guy) and for a long time, we were dreaming on moving to that country...

Hi Valmont,
welcome to the forums. I sent you a personal mail and will be more than happy to provide you with the links to documentation about this is Canada. Goodluck! And I hope to see you someday in Montreal.
K.
P/s...I have to apologise to the OP for stealing the thread.
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Offline Valmont

  • Member
  • Posts: 338
Re: US immigration and HIV
« Reply #7 on: June 16, 2011, 11:04:27 pm »
Thanks, Karry, for your message, I read it...  But as I´m brand new, I don´t know how to answer, maybe something is working wrong with my access to the forum...
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Apr 2011: Diagnotized
Jun 2011: CD4: 504  VL: 176.000
Dic 2011: CD4: 714  VL: 95.000
May 2012: CD4: 395 VL: 67.000
Jun 2012: CD4: 367
Agu 2012: Starting Emtricitabine 200 mg / Tenofovir 300 mg and Efavirenz 600 mg (2 pills) different brands or VIRADAY/ATRIPLA/Mylan....
Sep 2012: VL: 138
Dic 2012: CD4: 708 VL: <34  %CD4: 32%
Jan 2013: CD4: 707 VL: <20
May 2013: CD4: 945 VL: <34 %CD4: 33%
Agu 2013: CD4: 636 VL: <34 %CD4: 50%
Dic 2013: Latent TB, started Isoniazid

Online leatherman

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  • Google and HIV meds are Your Friends
Re: US immigration and HIV
« Reply #8 on: June 16, 2011, 11:07:31 pm »
Quote from: Valmont on June 16, 2011, 11:04:27 pm
Thanks, Karry, for your message, I read it...  But as I´m brand new, I don´t know how to answer, maybe something is working wrong with my access to the forum...
you have to have 3 posts before you can access the PM functions. so post again quickly and enjoy your messages  ;) ;D
oh, and welcome to the forums Val ;D
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leatherman (aka Michael)

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You were leaning in to speak to me
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Offline Valmont

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  • Posts: 338
Re: US immigration and HIV
« Reply #9 on: June 16, 2011, 11:45:07 pm »
Ahhh, that is why...

Thanks !!!
Logged
Apr 2011: Diagnotized
Jun 2011: CD4: 504  VL: 176.000
Dic 2011: CD4: 714  VL: 95.000
May 2012: CD4: 395 VL: 67.000
Jun 2012: CD4: 367
Agu 2012: Starting Emtricitabine 200 mg / Tenofovir 300 mg and Efavirenz 600 mg (2 pills) different brands or VIRADAY/ATRIPLA/Mylan....
Sep 2012: VL: 138
Dic 2012: CD4: 708 VL: <34  %CD4: 32%
Jan 2013: CD4: 707 VL: <20
May 2013: CD4: 945 VL: <34 %CD4: 33%
Agu 2013: CD4: 636 VL: <34 %CD4: 50%
Dic 2013: Latent TB, started Isoniazid

Offline komnaes

  • Member
  • Posts: 1,906
Re: US immigration and HIV
« Reply #10 on: June 17, 2011, 02:20:26 am »
Thanks Karry,

Good to know your case is a success! However though, a above 500 CD4 and not on meds is still a high bar. But at least, for us gays anyway, there's an additional ground to apply under civil partnership.

And thanks for the additional info from Metekrop,

It does seem that a HIV test is no longer required at any stage of an application, unless an applicant is "too sick to support him/herself" or already in some sort of long term nursing home, and it's irrelevant whether s/he is in that condition with HIV or any other diseases. So it seems that procedural-wise unless an applicant is clearly so sick that s/he cannot take care of him/herself or already in some sort of long term care, no question will be asked about his/her HIV status, and the mandatory health test will also not include a HIV test. Right?

Anyone has any real cases to share?

Thanks, Shaun
Logged
Aug 07 Diagnosed
Oct 07 CD4=446(19%) Feb 08 CD4=421(19%)
Jun 08 CD4=325(22%) Jul 08 CD4=301(18%)
Sep 08 CD4=257/VL=75,000 Oct 08 CD4=347(16%)
Dec 08 CD4=270(16%)
Jan 09 CD4=246(13%)/VL=10,000
Feb 09 CD4=233(15%)/VL=13,000
Started meds Sustiva/Epzicom
May 09 CD4=333(24%)/VL=650
Aug 09 CD4=346(24%)/VL=UD
Nov 09 CD4=437(26%)/VL=UD
Feb 10 CD4=471(31%)/VL=UD
June 10 CD4=517 (28%)/VL=UD
Sept 10 CD4=687 (31%)/VL=UD
Jan 11 CD4=557 (30%)/VL=UD
April 11 CD4=569 (32%)/VL=UD
Switched to Epizcom, Reyataz and Norvir
(Interrupted for 2 months with only Epizcom & Reyataz)
July 11 CD=520 (28%)/VL=UD
Oct 11 CD=771 (31%)/VL=UD(<30)
April 12 CD=609 (28%)/VL=UD(<20)
Aug 12 CD=657 (29%)/VL=UD(<20)
Dec 12 CD=532 (31%)/VL=UD(<20)
May 13 CD=567 (31%)/VL=UD(<20)
Jan 14 CD=521 (21%)/VL=UD(<50)

Offline hope4love

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  • Posts: 56
  • Every Problem has a Solution.
Re: US immigration and HIV
« Reply #11 on: June 17, 2011, 02:41:22 am »
Hi Saun

One of my friend from India who is HIV+ve has applied for USA "Student Visa" to study in USA for the fall 2011. He filled in the necessary application and have submitted to the Embassy. He told that their is absolutely no medical examination/blood screening test for students entering US.This is good news for HIV+ve students to study in US no medical screening and no question asked of HIV/AIDS unlike for certain other countries..
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Offline komnaes

  • Member
  • Posts: 1,906
Re: US immigration and HIV
« Reply #12 on: June 17, 2011, 03:34:01 am »
Thanks H4L,

And congrats to your friend!

Although a student visa is not the same as a green card, it is indeed an excellent development and points to a higher possibility that the same will apply to other types of immigration applications. But I would still like to see if anyone has gone through an application process for permanent resident/green card, especially through a marriage.

Hugs, Shaun
Logged
Aug 07 Diagnosed
Oct 07 CD4=446(19%) Feb 08 CD4=421(19%)
Jun 08 CD4=325(22%) Jul 08 CD4=301(18%)
Sep 08 CD4=257/VL=75,000 Oct 08 CD4=347(16%)
Dec 08 CD4=270(16%)
Jan 09 CD4=246(13%)/VL=10,000
Feb 09 CD4=233(15%)/VL=13,000
Started meds Sustiva/Epzicom
May 09 CD4=333(24%)/VL=650
Aug 09 CD4=346(24%)/VL=UD
Nov 09 CD4=437(26%)/VL=UD
Feb 10 CD4=471(31%)/VL=UD
June 10 CD4=517 (28%)/VL=UD
Sept 10 CD4=687 (31%)/VL=UD
Jan 11 CD4=557 (30%)/VL=UD
April 11 CD4=569 (32%)/VL=UD
Switched to Epizcom, Reyataz and Norvir
(Interrupted for 2 months with only Epizcom & Reyataz)
July 11 CD=520 (28%)/VL=UD
Oct 11 CD=771 (31%)/VL=UD(<30)
April 12 CD=609 (28%)/VL=UD(<20)
Aug 12 CD=657 (29%)/VL=UD(<20)
Dec 12 CD=532 (31%)/VL=UD(<20)
May 13 CD=567 (31%)/VL=UD(<20)
Jan 14 CD=521 (21%)/VL=UD(<50)

Offline leftalone

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  • Posts: 9
Re: US immigration and HIV
« Reply #13 on: June 22, 2011, 03:52:34 pm »
hi hope4love.m 24 yr smale from delhi .. i too wanted to go to canada for my MBA. gave ielts and Gmat exam this year..Waited for 2 years so that i can gain experience to get into any state uni..Bt my plsn . life dreams.. all are at an end.. i guess no one can understand my siuation better than you..any chance or any way u came across where we ca break through the canadain student visa and can et permanent residence there?
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Offline Valmont

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  • Posts: 338
Re: US immigration and HIV
« Reply #14 on: June 23, 2011, 10:47:34 am »
For temporal residence, the requerements are different and I´m not sure that a medical examen is asked for, Leftalone, you should investigate and believe to your dreams...

It seems that for US it is easyer that for Canada that way ; but this is only a personnal impression.  By the way, migration restrictions for people that are infected by HIV are each time less.
« Last Edit: June 23, 2011, 11:44:33 am by Valmont »
Logged
Apr 2011: Diagnotized
Jun 2011: CD4: 504  VL: 176.000
Dic 2011: CD4: 714  VL: 95.000
May 2012: CD4: 395 VL: 67.000
Jun 2012: CD4: 367
Agu 2012: Starting Emtricitabine 200 mg / Tenofovir 300 mg and Efavirenz 600 mg (2 pills) different brands or VIRADAY/ATRIPLA/Mylan....
Sep 2012: VL: 138
Dic 2012: CD4: 708 VL: <34  %CD4: 32%
Jan 2013: CD4: 707 VL: <20
May 2013: CD4: 945 VL: <34 %CD4: 33%
Agu 2013: CD4: 636 VL: <34 %CD4: 50%
Dic 2013: Latent TB, started Isoniazid

Offline txasnguy

  • Member
  • Posts: 17
  • "never judge a book by its cover"
Re: US immigration and HIV
« Reply #15 on: June 23, 2011, 01:48:38 pm »
hi shaun,  i can empathize with that delima since i had been on that very same exact situation where i had been in the USA for 20+ odd years .   i had applied for my green card in early 2007 my partner had gotten a well known immigration lawyer here in texas  for $ 3,000 to help with my application.   Finally ,  after a couple of very hectic and grooling months of leg work and waiting " on pins and niddles"  my date for the interview came .   well and behold within a month after that i got my green card that very same year.  now i am a year way for applying for my citizenship.   

Note:  (since my mom and dad are both citizens  i did not have to go through the marriage way but through my parents as a dependant).
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