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Author Topic: GREEN CARD  (Read 5251 times)

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Offline newbie76

  • Member
  • Posts: 238
GREEN CARD
« on: August 31, 2007, 03:20:19 PM »
A question, perhaps for those of you that weren't born in the US.

I understand HIV + people cannot enter the US.

Can they still apply/obtain a Green Card though?

Thank you in advance for your answers.
25th Apr 07: The worst day of my life
27th Apr 07: cd4 202 14%
30th Apr 07: cd4 126 18% VL 110000
19th May 07: Started Truvada/Sustiva
20th Jun 07: cd4 218 25% VL 435
13th Aug 07: cd4 374 20% VL 64
20th Dec 07: cd4 435 24% VL <50
20th Oct 08: cd4 725 31% VL <50
30th Nov 09: cd4 725 30% VL <50
01st Nov 10: cd4 755 33% VL<50
11th Nov 11: cd4 754 32% VL<50
01st May 12: cd4 864 40% VL<50
01st May 13: cd4 615 VL 609 :-/
14th May 13: VL <50

Offline Bucko

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  • You need a shine, missy!
    • The Spin Cycle
Re: GREEN CARD
« Reply #1 on: August 31, 2007, 04:17:23 PM »
As they would be in the country illegally, Green Cards would not be an option.
Blessed with brains, talent and gorgeous tits.

The revolutionary smart set reads The Spin Cycle at least once every day.

Blathering on AIDSmeds since 2005, provocative from birth

Offline newbie76

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  • Posts: 238
Re: GREEN CARD
« Reply #2 on: August 31, 2007, 04:37:41 PM »
As they would be in the country illegally, Green Cards would not be an option.
No, you can apply for the green card from abroad!!!
25th Apr 07: The worst day of my life
27th Apr 07: cd4 202 14%
30th Apr 07: cd4 126 18% VL 110000
19th May 07: Started Truvada/Sustiva
20th Jun 07: cd4 218 25% VL 435
13th Aug 07: cd4 374 20% VL 64
20th Dec 07: cd4 435 24% VL <50
20th Oct 08: cd4 725 31% VL <50
30th Nov 09: cd4 725 30% VL <50
01st Nov 10: cd4 755 33% VL<50
11th Nov 11: cd4 754 32% VL<50
01st May 12: cd4 864 40% VL<50
01st May 13: cd4 615 VL 609 :-/
14th May 13: VL <50

Offline Bucko

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    • The Spin Cycle
Re: GREEN CARD
« Reply #3 on: August 31, 2007, 04:44:37 PM »
But if you're overseas, what good is a Green Card if you cannot enter the country?
Blessed with brains, talent and gorgeous tits.

The revolutionary smart set reads The Spin Cycle at least once every day.

Blathering on AIDSmeds since 2005, provocative from birth

Offline newbie76

  • Member
  • Posts: 238
Re: GREEN CARD
« Reply #4 on: August 31, 2007, 04:49:19 PM »
I don't think you get me!

a) if you're not a US citizen and are HIV+ you cannot enter the US
b) you can apply for a Green Card abroad
c) if you get a Green Card you effectively have the same rights of US citizens and therefore can enter the US even if you are HIV+

Is that correct or not? Or if you're HIV+ you cannot even apply for a Green Card (i.e. in the application there's a specific question on HIV/chronic conditions)??

That is my question.
25th Apr 07: The worst day of my life
27th Apr 07: cd4 202 14%
30th Apr 07: cd4 126 18% VL 110000
19th May 07: Started Truvada/Sustiva
20th Jun 07: cd4 218 25% VL 435
13th Aug 07: cd4 374 20% VL 64
20th Dec 07: cd4 435 24% VL <50
20th Oct 08: cd4 725 31% VL <50
30th Nov 09: cd4 725 30% VL <50
01st Nov 10: cd4 755 33% VL<50
11th Nov 11: cd4 754 32% VL<50
01st May 12: cd4 864 40% VL<50
01st May 13: cd4 615 VL 609 :-/
14th May 13: VL <50

Offline RapidRod

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Re: GREEN CARD
« Reply #5 on: August 31, 2007, 05:07:10 PM »
No that is not correct. If you are HIV+ you can't enter the US without a waiver. Then while you are here you'll have to provide your own health care and prescription drugs out of pocket.

Offline Ann

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    • Num is sum qui mentiar tibi?
Re: GREEN CARD
« Reply #6 on: August 31, 2007, 05:10:31 PM »
I'm pretty sure you have to take an hiv test as part of the Green Card process.

You need to talk to a qualified immigration lawyer. You'll need one anyway.

Ann
Condoms are a girl's best friend

Condom and Lube Info  



"...health will finally be seen not as a blessing to be wished for, but as a human right to be fought for." Kofi Annan

Nymphomaniac: a woman as obsessed with sex as an average man. Mignon McLaughlin

HIV is certainly character-building. It's made me see all of the shallow things we cling to, like ego and vanity. Of course, I'd rather have a few more T-cells and a little less character. Randy Shilts

Offline newbie76

  • Member
  • Posts: 238
Re: GREEN CARD
« Reply #7 on: August 31, 2007, 05:33:38 PM »
Thank you... that sorts it then...!
25th Apr 07: The worst day of my life
27th Apr 07: cd4 202 14%
30th Apr 07: cd4 126 18% VL 110000
19th May 07: Started Truvada/Sustiva
20th Jun 07: cd4 218 25% VL 435
13th Aug 07: cd4 374 20% VL 64
20th Dec 07: cd4 435 24% VL <50
20th Oct 08: cd4 725 31% VL <50
30th Nov 09: cd4 725 30% VL <50
01st Nov 10: cd4 755 33% VL<50
11th Nov 11: cd4 754 32% VL<50
01st May 12: cd4 864 40% VL<50
01st May 13: cd4 615 VL 609 :-/
14th May 13: VL <50

Offline milker

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Re: GREEN CARD
« Reply #8 on: August 31, 2007, 08:38:39 PM »
I confirm that I had to get a negative HIV test result in order to apply for a green card. There may be a waiver on that one, i'm not sure.

Milker.
mid-dec: stupid ass
mid-jan: seroconversion
mid-feb: poz
mar 07: cd4 432 (35%) vl 54000
may 07: cd4 399 (28%) vl 27760
jul 07: cd4 403 (26%) vl 99241
oct 07: cd4 353 (24%) vl 29993
jan 08: cd4 332 (26%) vl 33308
mar 08: cd4 392 (23%) vl 75548
jun 08: cd4 325 (27%) vl 45880
oct 08: cd4 197 (20%) vl 154000 <== aids diagnosis
nov 2 08 start Atripla
nov 30 08: cd4 478 (23%) vl 1880 !!!!!!!!!!!!!!!!!!!!!!!!!!
feb 19 09: cd4 398 (24%) vl 430 getting there!
apr 23 09: cd4 604 (29%) vl 50 woohoo :D :D
jul 30 09: cd4 512 (29%) vl undetectable :D :D
may 27 10: cd4 655 (32%) vl undetectable :D :D

Now accepting applications from blowjob ninjas™

Offline Morton Salt

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  • Posts: 98
Re: GREEN CARD
« Reply #9 on: August 31, 2007, 11:00:36 PM »
I'm in the process right now.
I'm from Canada and have lived in the u.s for 15 years illegally.
I Got married almost 3 years ago to a U.S women.

My brother who is also Canadian and who has lived in the u.s for the same amount of time has been married in the U.S for 10 years.

My bro and his wife took a trip to Canada last year and on the way back they did not let him back in the U.S until he took care of all his immigration documents which took about 4 months. So for 4 months he was trapped in Canada. On his k-3 visa(Canadian filing for U.S while in Canada, a HIV test is required. A positive test is an automatic denial.   Hes neg so it didn't matter for him.  It just took 4 months to get back into the country to be back with his wife of 10 years...lol

anyway,

I thought i should take care of my paperwork as well and to make it a little easier on me i hired an immigration attorney here in Los Angeles to basically do the paper work for me.

i had to get tested for communicable diseases which includes HIV. Since i already told my attorney i was poz, we had to file a waiver that states that I'm poz, I'm being treated, i have a Doctor, I'm on medication, and I'm no threat to anyone.

we had our last meeting at the immigration office about 80 days ago. Now i am waiting their decision whether or not i will get my greencard.  Normally it takes 30 days, however being poz it takes a little longer.  So, here i sit waiting for the word.   

The whole process was not a big deal as i thought it was.

I did learn this though. It is a whole different story if your filing while being outside of  the U.S then it is if your filing and your already here.   If your not here "your fucked".  Sneak in, get married and file. That's my advice.

~Morton Salt
"I'm king of the salts"

Offline zachysmom

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  • Posts: 112
Re: GREEN CARD
« Reply #10 on: September 01, 2007, 12:51:41 AM »
All countries have there rules on HIV.....the vast majority don't allow positive poeple into the country on permanent status.......

to find out all the answers ......visit the country's website, and tourism info dept.

fortunate for U.S citizens, traveling isn't a problem.

From Russia with love,
Nicole

Offline milker

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Re: GREEN CARD
« Reply #11 on: September 01, 2007, 01:10:04 AM »
Very interesting post, Morton, thanks for sharing.

Milker.
mid-dec: stupid ass
mid-jan: seroconversion
mid-feb: poz
mar 07: cd4 432 (35%) vl 54000
may 07: cd4 399 (28%) vl 27760
jul 07: cd4 403 (26%) vl 99241
oct 07: cd4 353 (24%) vl 29993
jan 08: cd4 332 (26%) vl 33308
mar 08: cd4 392 (23%) vl 75548
jun 08: cd4 325 (27%) vl 45880
oct 08: cd4 197 (20%) vl 154000 <== aids diagnosis
nov 2 08 start Atripla
nov 30 08: cd4 478 (23%) vl 1880 !!!!!!!!!!!!!!!!!!!!!!!!!!
feb 19 09: cd4 398 (24%) vl 430 getting there!
apr 23 09: cd4 604 (29%) vl 50 woohoo :D :D
jul 30 09: cd4 512 (29%) vl undetectable :D :D
may 27 10: cd4 655 (32%) vl undetectable :D :D

Now accepting applications from blowjob ninjas™

Offline Oceanbeach

  • Member
  • Posts: 3,565
Re: GREEN CARD
« Reply #12 on: September 01, 2007, 06:59:56 PM »
I once worked for a Los Angeles based personnel agency and have seen hundreds of counterfeit Green Cards.  Some people with the higher quality fake cards were put to work and everyone knew it.

We had a man who had a legitimate Green Card but was barely able to walk.  He could be loading freight in East L.A. and 15 minutes later report to his other job in South Bay Cities as a Janitor.  He didn't do any of those jobs and was subing the work out to others.  He showed up each and every Friday for all of his paychecks, the people doing his work waited outside for their cut.  The agency was aware and refused to pay overtime.

For the INS to raid the firm, they had to have the name of the illegal employed, the name of the employer client and exactly which drawer the personnel file of the alleged illegal was kept in.  If that file was moved to a different drawer, there was no case.  That firm had 3 Corporate names on file and if 1 were to be shut down, they could reopen within minutes, in a different office, under a different name.  The same employees still had jobs at the client companies.  Have the best day
Michael
(the only person ever fired at that firm)

Offline northernguy

  • Member
  • Posts: 1,347
Re: GREEN CARD
« Reply #13 on: September 01, 2007, 07:12:07 PM »
For the life of me I can't understand why anyone living in a country with a good universal healthcare system would even want to immigrate to the USA.  Sorry.
Apr 28/06 cd4 600 vl 10,600 cd% 25
Nov 8/09 cd4 510 vl 49,5000 cd% 16
Jan 16/10 cd4 660 vl 54,309 cd% 16
Feb 17/10 Started Atripla
Mar 7/10 cd4 710 vl 1,076 cd% 21
Apr 18/10 cd4 920 vl 268 cd% 28
Jun 19/10 cd4 450 vl 60 cd% 25
Aug 15/10 cd4 680 vl 205 cd% 27
Apr 3/11 cd4 780 vl <40 cd% 30
Jul 17/11 cd4 960 vl <40 cd%33
April 15/12 cd4 1,010 vl <40 cd% 39
April 20/12 Switched to Viramune + Truvada
Aug 2/12 cd4 1040, vl <40, cd% 38
Oct 19 cd4 1,110 vl <40 cd% 41

Offline aztecan

  • Member
  • Posts: 5,384
  • 29 years positive, 56 years a pain in the butt
Re: GREEN CARD
« Reply #14 on: September 02, 2007, 12:28:29 AM »
Just for giggles, here is a list of the countries I couuld find (after a brief search of 118 countries) which have restrictions.

From aidsnet.ch - the Swiss HIV/AIDS Documention Center online

Armenia – restrictions
Entry regulations
Entry prohibited for people with HIV/AIDS.

Residence regulations
People who fall ill are deported.

Additional information
Legislation being prepared. HIV testing at the border is planned.

----------

Bangladesh?
Entry regulations
No HIV testing on entry.

Residency regulations
Expulsion possible if HIV-positive status becomes known.

------

Brunei – restrictions, updated July 1, 2003

Entry regulations
No mandatory testing for short-term tourist stays. ?However, people known to be HIV positive are prohibited from entering.

Residence regulations
HIV testing for students and employees applying for a work and residence permit.

Additional information
Expulsion if HIV infection is detected; duty to immediately notify authorities.

----

China – restrictions, updated July 4, 2004

Entry regulations
A health declaration must be presented on entry.

Residence regulations
HIV testing required for the grant of a long-term visa (6 months or more)

Additional information
Health declaration forms are distributed at the border. Entry is denied to people declaring themselves HIV-positive.?These regulations do not apply for Hong Kong and Macao.

----

Fiji – restrictions

Entry regulations
No entry for people with HIV/AIDS.

---- 

India – restrictions possible, updated June 21, 2003

Entry regulations
No restrictions for short-term tourist stays.?People with a known HIV infection are not granted visas.

Residence regulations
HIV testing required for anyone wishing to stay in India longer than 1 year.

----

Korea (South) – restrictions

Entry regulations
People with HIV are not permitted to enter the country. However, for a stay of up to 3 months, it is not mandatory to prove one's HIV status (for those visitors who do not require a visa). There are controls at the border regarding the HIV status. 

Residence regulations
Special protective measures may apply, especially for public performers (dancers, singers, musicians, etc.) who remain in the country for more than 90 days without their spouses.

Additional information
If a person's HIV-positive status becomes known, he/she is expelled.

----

Korea (Democratic People's Republic) – restrictions possible

Entry regulations
There are no official regulations regarding the entry of people with HIV/AIDS.
 
Additional information
If a person's HIV-positive status becomes known, he/she is sent back to his/her country of origin. The reason given for this is the lack of experience with HIV/AIDS and the lack of treatment options.

-----

Moldavia – restrictions, updated July 1, 2003

Entry regulations
Foreign nationals who are HIV positive are not allowed to enter Moldavia. A medical certificate is required on entry, although tourists are exempt.

Residence regulations
HIV testing is required of  anybody wishing to stay longer than 3 months.

Additional information
In addition, foreign tourists need to pass a health exam conducted by the Moldavian Health Authorities. Such a certificate is also necessary if a foreign national wishes to get married in Moldavia.

-----

Mongolia – restrictions

Entry regulations
A test result is requested on entry. ?However, this law is apparently not applied.

Residence regulations
Foreigners have to undergo mandatory HIV testing on entry to the country. The test is repeated after a couple of months. Clean needles can be brought along.
 
-----

Oman – restrictions, updated March 30, 2003

Entry regulations
There is no clear information on whether or not HIV testing is required for tourists. Persons whose HIV-positive status becomes known are immediately deported.

Residence regulations
Compulsory testing on entry for foreign nationals wishing to settle in Oman. HIV testing is required for persons applying for a work permit with private companies or for renewal of their existing work permit.

-----

Qatar – restrictions, updated June 30, 2003

Entry regulations
No HIV testing on entry. However, people whose HIV-status is known to the authorities are refused entry.

Residence regulations
Applicants for a work or residence permit must present a negative HIV test certificate (the date of the certificate must not be older than six months).

Additional information
Immediate deportation of tourists and business travellers if an HIV-related illness is discovered.

-----

Russian Federation – restrictions, updated Feb 5, 2002

Entry regulations
HIV-positive people are not permitted to enter the Russian Federation. For short-term tourist stays (up to 3 months), no HIV testing is required on entry.

Residence regulations
For long-term stays (more than 3 months), for students and for foreign employees, an HIV test result and /or a medical certificate must be presented. 

Additional information
Foreign nationals found to be HIV-positive are expelled. Foreign employees must prove in regular intervals (once a year) that they are not infected with HIV.

-----

Salomon Islands – restrictions

Entry regulations
Entry can be denied if it becomes known the person in question has an infectious disease.

-----

Saudi Arabia – restrictions

Entry regulations
HIV testing on entry. HIV-positive foreign nationals are expelled.

Residence regulations
The authorities require HIV testing before residence permits are renewed.

-----

Sri Lanka – restrictions

Entry regulations
No specific entry regulations for people with HIV/AIDS. No questions asked about HIV/AIDS on entry.

Residence regulations
Foreigners known to have AIDS are requested by the authorities to leave the country.

Additional information
In cases in which an HIV infection is suspected, foreign nationals may be denied entry.

-----

Sudan – restrictions, updated August 5, 2004

Entry regulations
People with HIV are not granted a visa and are not permitted to enter Sudan. A negative HIV test result must be presented at a Sudanese embassy or at Khartoum airport in order to obtain a visa.

Residency regulations
According to the law, foreign nationals with HIV are not permitted to stay in Sudan.

-----

Thailand – restrictions, updated January 16, 2003

Entry regulations
According to the law, people with communicable diseases are not allowed to enter Thailand. However, no doctor's certificate is required at the border, so that an illness (as long as is not known) does not affect the granting of a visa.

Residence regulations
In some cases, a doctor's certificate including an HIV test has to be presented when applying for a visa extension (especially when applying for a long-term visa or a residence permit).

Additional information
If the HIV test result is positive, it is probable that the visa extension is rejected and therefore the applicant expelled from the country.

-----

United States of America – restrictions, updated June 13, 2002.

Entry regulations
In principle, the USA refuses entry to foreign nationals known to be HIV positive. In exceptional cases, a stay of 30 days may be granted (for family visits, medical treatment, business travel or participation in a scientific, health-related conference). 

Residence regulations
There are special entry regulations affecting all intending immigrants to the USA.

Additional information
HIV-positive foreign nationals lose their right to remain in the USA and are expelled if their status becomes known.

Non-immigrant visitors requiring a visa: ?Visa applicants are asked the same question as travellers entering with the I94-W form (“Are you afflicted with a communicable disease of public health significance?”).??The following paragraph applies for both non-immigrant visitors requiring a visa & non-immigrant visitors entering with the green I94-W form:??According to the web site www.aidsandthelaw.com “if the applicant is not aware that HIV is such a disease under US immigration law, he or she could respond ‘no’. In that case, the application would not be fraudulent. But if the applicant answers ‘no’, while knowing that individuals with HIV are barred from entry, then the applicant has committed immigration fraud, which, if discovered, is a permanent, non-waivable, basis for inadmissibility”.???How is the law enforced???Initially, the policy was adopted by the former U.S. Immigration and Naturalization Service, now U.S. Citizenship and Immigration Services (USCIS) within the Department of Homeland Security. Subsequently, however, the U.S. Congress put this exclusion into the Immigration and Nationality Act itself, Section 212(a)(1)(A)(i) [8 U.S.C. § 1182(a)(1)(A)(i)]:
"Any alien . . . who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance, which shall include infection with the etiologic agent for acquired immune deficiency syndrome" is ineligible to receive a visa and ineligible to be admitted to the United States.”

-----

Vietnam – restrictions possible

Entry regulations
No specific entry or residence restrictions for people with HIV/AIDS. No HIV testing on entry.
However:?The Vietnamese law requires HIV positive people to report to the health control authorities on entry.

Residence regulations
No health certificate is required on entry. There are no specific immigration laws.

Additional information
A health questionnaire has to be completed on entry, but this is a mere formality.


This is just a quick run through. If I were going to travel to a particular country, I would investigate more fully, even those on the list which apparently had no restrictions.

HUGS,

Mark
« Last Edit: September 02, 2007, 12:30:26 AM by aztecan »
"May your life preach more loudly than your lips."
~ William Ellery Channing (Unitarian Minister)

Offline newbie76

  • Member
  • Posts: 238
Re: GREEN CARD
« Reply #15 on: September 02, 2007, 04:56:30 AM »
Can I add UAE (Emirates) to this list?
A British + friend who works there told me that the British embassy told him that, although there are no restrictions on entry, in case one needs hospital attention for any reason (not HIV related), he'll be tested for HIV even against his will, and if found + will be strapped to a bed (!) and sent out of the country fortwith!!!
25th Apr 07: The worst day of my life
27th Apr 07: cd4 202 14%
30th Apr 07: cd4 126 18% VL 110000
19th May 07: Started Truvada/Sustiva
20th Jun 07: cd4 218 25% VL 435
13th Aug 07: cd4 374 20% VL 64
20th Dec 07: cd4 435 24% VL <50
20th Oct 08: cd4 725 31% VL <50
30th Nov 09: cd4 725 30% VL <50
01st Nov 10: cd4 755 33% VL<50
11th Nov 11: cd4 754 32% VL<50
01st May 12: cd4 864 40% VL<50
01st May 13: cd4 615 VL 609 :-/
14th May 13: VL <50

Offline usfr

  • Member
  • Posts: 3
Re: GREEN CARD
« Reply #16 on: September 02, 2007, 01:15:08 PM »
Hi there
married since march 2006 and still waiting for my waiver to be approved since january 07 ! should i be worried ? why does it take so long ? we submitted all our paperwork in may 2006 to the immigration services and got our interview in august 2006. but it s been a year nothing is going on ! i m scared they will deny the waiver and have to be deported!
any suggestions or ideas as i should do ?
thanks

yes married and hiv+ and afraid to have to live this country and be separated from my wife.
« Last Edit: September 03, 2007, 11:56:36 AM by usfr »

Offline Ann

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  • It just is, OK?
    • Num is sum qui mentiar tibi?
Re: GREEN CARD
« Reply #17 on: September 02, 2007, 01:27:12 PM »
usfr,

Are you hiv positive? This is a forum for people living with hiv.

Ann
Condoms are a girl's best friend

Condom and Lube Info  



"...health will finally be seen not as a blessing to be wished for, but as a human right to be fought for." Kofi Annan

Nymphomaniac: a woman as obsessed with sex as an average man. Mignon McLaughlin

HIV is certainly character-building. It's made me see all of the shallow things we cling to, like ego and vanity. Of course, I'd rather have a few more T-cells and a little less character. Randy Shilts

Offline allanq

  • Member
  • Posts: 689
  • still life with pills
Re: GREEN CARD
« Reply #18 on: September 02, 2007, 05:11:06 PM »
I was wondering if any non-U.S. citizen on these boards has ever been denied entry to the U.S. (as a tourist) because U.S. customs officials found HIV meds in their luggage or on their person

Allan
Top (Breakfast): Prezista, Norvir, Isentress, Zoloft (2), Glyburide (2), Aspirin
Bottom right (Dinner): Prezista, Norvir, Isentress
Bottom left (Bedtime): Sustiva, Trazodone (2), Lipitor, Septra (no longer taking this)
Center: Alprazolam (Xanax)
Not shown: various vitamins & supplements

Offline Ann

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    • Num is sum qui mentiar tibi?
Re: GREEN CARD
« Reply #19 on: September 02, 2007, 06:30:23 PM »
I was wondering if any non-U.S. citizen on these boards has ever been denied entry to the U.S. (as a tourist) because U.S. customs officials found HIV meds in their luggage or on their person

Allan

It happened to Cowandalehouse about a year ago. He's Canadian and was trying to go on holiday in the States with some friends.

Ann
Condoms are a girl's best friend

Condom and Lube Info  



"...health will finally be seen not as a blessing to be wished for, but as a human right to be fought for." Kofi Annan

Nymphomaniac: a woman as obsessed with sex as an average man. Mignon McLaughlin

HIV is certainly character-building. It's made me see all of the shallow things we cling to, like ego and vanity. Of course, I'd rather have a few more T-cells and a little less character. Randy Shilts

Offline DanKenny

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  • Posts: 147
Re: GREEN CARD
« Reply #20 on: September 03, 2007, 01:27:20 AM »
A question, perhaps for those of you that weren't born in the US.

I understand HIV + people cannot enter the US.

Can they still apply/obtain a Green Card though?

Thank you in advance for your answers.

Sorry for chipping in late....

Generally, a waiver is required, either to enter temporarily to stay permanently (through green card). You can get a waiver through marriage to a US citizen or permanent resident, some refugee claims or claim spousal abuse (if you are a woman).  You can find more information at:

http://www.immigrationequality.org/template.php?pageid=177

A couple of us here are in the same situation..so feel free to ask questions...

warmest regards, DK
My Progress:

09/07:   771   ~    <50     ~   29%
03/07:   493   ~    227      ~   22%
02/07:   Began Meds ~~ ATRIPLA
01/07:   315   ~   45, 000  ~   18%
10/06:   350   ~   32, 430  ~   22%
04/06:   440   ~   23, 997  ~   24%
07/05:   621   ~   36,000   ~   24%
01/05:   842   ~   2306      ~   28%
07/04:   615   ~   3370      ~   27%
04/04:   674   ~   739        ~   26%
11/03:   439   ~   2800      ~   22%
Infected probably around 1997 / Diagnosed 2002

Offline northernguy

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Re: GREEN CARD
« Reply #21 on: September 03, 2007, 02:53:12 AM »
Just for giggles, here is a list of the countries I couuld find (after a brief search of 118 countries) which have restrictions...

In general, not really a list any First World country should be proud of being part of ::)
Apr 28/06 cd4 600 vl 10,600 cd% 25
Nov 8/09 cd4 510 vl 49,5000 cd% 16
Jan 16/10 cd4 660 vl 54,309 cd% 16
Feb 17/10 Started Atripla
Mar 7/10 cd4 710 vl 1,076 cd% 21
Apr 18/10 cd4 920 vl 268 cd% 28
Jun 19/10 cd4 450 vl 60 cd% 25
Aug 15/10 cd4 680 vl 205 cd% 27
Apr 3/11 cd4 780 vl <40 cd% 30
Jul 17/11 cd4 960 vl <40 cd%33
April 15/12 cd4 1,010 vl <40 cd% 39
April 20/12 Switched to Viramune + Truvada
Aug 2/12 cd4 1040, vl <40, cd% 38
Oct 19 cd4 1,110 vl <40 cd% 41

Offline joemutt

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Re: GREEN CARD
« Reply #22 on: September 03, 2007, 05:29:03 AM »
It happened to Cowandalehouse about a year ago. He's Canadian and was trying to go on holiday in the States with some friends.

Ann


So what do people from outside the us for example those who go to the AMG in SF do?

(ed. to correct sp. error)

Offline aztecan

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Re: GREEN CARD
« Reply #23 on: September 03, 2007, 11:42:50 AM »
In general, not really a list any First World country should be proud of being part of ::)

I'm downright embarrassed by it.

HUGS,

Mark
"May your life preach more loudly than your lips."
~ William Ellery Channing (Unitarian Minister)

Offline Ann

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    • Num is sum qui mentiar tibi?
Re: GREEN CARD
« Reply #24 on: September 03, 2007, 12:37:19 PM »
So what do people from outside the us for example those who go to the AMG in SF do?

(ed. to correct sp. error)

This is why the first two AMGs were held outside the States.

There are a few different ways to try and get around it, but we really shouldn't be hijacking this thread. Although they're similar issues, it's not the issue Newbie76 is asking about.

Feel free to start a thread about traveling to the States, or better yet, use the search function to find previous threads on the subject and post in one of those. I'm sure there's been a few.

Ann
Condoms are a girl's best friend

Condom and Lube Info  



"...health will finally be seen not as a blessing to be wished for, but as a human right to be fought for." Kofi Annan

Nymphomaniac: a woman as obsessed with sex as an average man. Mignon McLaughlin

HIV is certainly character-building. It's made me see all of the shallow things we cling to, like ego and vanity. Of course, I'd rather have a few more T-cells and a little less character. Randy Shilts

Offline Morton Salt

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Re: GREEN CARD
« Reply #25 on: September 03, 2007, 06:58:02 PM »
Hi there
married since march 2006 and still waiting for my waiver to be approved since january 07 ! should i be worried ? why does it take so long ? we submitted all our paperwork in may 2006 to the immigration services and got our interview in august 2006. but it s been a year nothing is going on ! i m scared they will deny the waiver and have to be deported!
any suggestions or ideas as i should do ?
thanks

yes married and hiv+ and afraid to have to live this country and be separated from my wife.

DID YOU HIRE AN IMMIGRATION ATTORNEY?   HOW MANY DAYS DID YOUR PAPERS SAY TO WAIT UNTIL YOU ARE SUPPOSED TO FOLLOW UP?  WHICH COUNTRY ARE YOU FROM?    I'D BE CONCERNED AT THIS POINT AND WOULD START MAKING SOME PHONE CALLS.

ALSO, YOUR TIMELINE DOESN'T MAKE MUCH SENSE.  WHAT HAPPENED IN JANUARY?  COULD YOU CLARIFY THE TIMELINE AND WHAT TOOK PLACE IN THOSE TIMES.  iTS A LITTLE CONFUSING.

~MORTON.
"IM KING OF THE SALTS"
« Last Edit: September 03, 2007, 07:03:01 PM by Morton Salt »

Offline newbie76

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Re: GREEN CARD
« Reply #26 on: September 04, 2007, 02:26:36 AM »
This is why the first two AMGs were held outside the States.

There are a few different ways to try and get around it, but we really shouldn't be hijacking this thread. Although they're similar issues, it's not the issue Newbie76 is asking about.

Feel free to start a thread about traveling to the States, or better yet, use the search function to find previous threads on the subject and post in one of those. I'm sure there's been a few.

Ann


Oh no Ann! I am very interested in this subject too! I only very recently discovered the US and in recent years, before my diagnosis I have seen many beautiful cities in the US such as SF, LA, NYC, Las Vegas, Miami, ... and it really bugs me now that I am unable to enter legally anymore.... so I am interested in knowing if there are ways around it, surely!!!!!

I have an idea actually, but I'll wait for other posters to go first (always the chicken!!!)
25th Apr 07: The worst day of my life
27th Apr 07: cd4 202 14%
30th Apr 07: cd4 126 18% VL 110000
19th May 07: Started Truvada/Sustiva
20th Jun 07: cd4 218 25% VL 435
13th Aug 07: cd4 374 20% VL 64
20th Dec 07: cd4 435 24% VL <50
20th Oct 08: cd4 725 31% VL <50
30th Nov 09: cd4 725 30% VL <50
01st Nov 10: cd4 755 33% VL<50
11th Nov 11: cd4 754 32% VL<50
01st May 12: cd4 864 40% VL<50
01st May 13: cd4 615 VL 609 :-/
14th May 13: VL <50

Offline Ann

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Re: GREEN CARD
« Reply #27 on: September 04, 2007, 07:32:54 AM »
Oh no Ann! I am very interested in this subject too! I only very recently discovered the US and in recent years, before my diagnosis I have seen many beautiful cities in the US such as SF, LA, NYC, Las Vegas, Miami, ... and it really bugs me now that I am unable to enter legally anymore.... so I am interested in knowing if there are ways around it, surely!!!!!

I have an idea actually, but I'll wait for other posters to go first (always the chicken!!!)

OK, forget I said anything! ;D

Ann
Condoms are a girl's best friend

Condom and Lube Info  



"...health will finally be seen not as a blessing to be wished for, but as a human right to be fought for." Kofi Annan

Nymphomaniac: a woman as obsessed with sex as an average man. Mignon McLaughlin

HIV is certainly character-building. It's made me see all of the shallow things we cling to, like ego and vanity. Of course, I'd rather have a few more T-cells and a little less character. Randy Shilts

Offline usfr

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Re: GREEN CARD
« Reply #28 on: September 08, 2007, 01:24:38 PM »
DID YOU HIRE AN IMMIGRATION ATTORNEY?   HOW MANY DAYS DID YOUR PAPERS SAY TO WAIT UNTIL YOU ARE SUPPOSED TO FOLLOW UP?  WHICH COUNTRY ARE YOU FROM?    I'D BE CONCERNED AT THIS POINT AND WOULD START MAKING SOME PHONE CALLS.

ALSO, YOUR TIMELINE DOESN'T MAKE MUCH SENSE.  WHAT HAPPENED IN JANUARY?  COULD YOU CLARIFY THE TIMELINE AND WHAT TOOK PLACE IN THOSE TIMES.  iTS A LITTLE CONFUSING.

~MORTON.
"IM KING OF THE SALTS"

Yes the attorney does not have any clue how long it should take to get the waiver approved!
The waiver does not say anything about timeline. I am from France.
In January 2007 we had to submit the hiv waiver so the permanent residency be approved by immigration. They will only grant the permanent residency unless the waiver is approved but we do not have any news from immigration since january 2007. we ll be married for 2 years next february !
Timeline: march 2006:civil marriage
may 2006: filing immigration paperworks to get permanent residency
august 2006: interview w/ immigration , hiv disclosed.
january 2007: hiv waiver submitted to immigration
september 2007: still waiting for a response

Offline vokz

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Re: GREEN CARD
« Reply #29 on: October 07, 2007, 12:25:25 PM »
Last year, a friend of mine was deported and had his Green Card withdrawn when it became known that he was HIV-positive (kind of ironic when you consider that he became HIV-positive whilst living in New York).

His passport was also endorsed to the effect that he was permanently excluded from the United States.

Offline milker

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Re: GREEN CARD
« Reply #30 on: October 07, 2007, 01:22:17 PM »
HIV status is grounds to exclusion, NOT deportation. Exclusion happens when you try to enter the US from outside, you are denied entry. You cannot be deported (removed from US soil) on an HIV positive status if you are a legal resident. If you are a legal resident, HIV+ and try to re-enter the US after vacation outside, you are subject to exclusion.

Milker.
mid-dec: stupid ass
mid-jan: seroconversion
mid-feb: poz
mar 07: cd4 432 (35%) vl 54000
may 07: cd4 399 (28%) vl 27760
jul 07: cd4 403 (26%) vl 99241
oct 07: cd4 353 (24%) vl 29993
jan 08: cd4 332 (26%) vl 33308
mar 08: cd4 392 (23%) vl 75548
jun 08: cd4 325 (27%) vl 45880
oct 08: cd4 197 (20%) vl 154000 <== aids diagnosis
nov 2 08 start Atripla
nov 30 08: cd4 478 (23%) vl 1880 !!!!!!!!!!!!!!!!!!!!!!!!!!
feb 19 09: cd4 398 (24%) vl 430 getting there!
apr 23 09: cd4 604 (29%) vl 50 woohoo :D :D
jul 30 09: cd4 512 (29%) vl undetectable :D :D
may 27 10: cd4 655 (32%) vl undetectable :D :D

Now accepting applications from blowjob ninjas™

Offline vokz

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Re: GREEN CARD
« Reply #31 on: October 07, 2007, 01:37:11 PM »
No, he was physically deported.

Offline usfr

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Re: GREEN CARD
« Reply #32 on: October 07, 2007, 03:15:20 PM »
In my case, am I subject to deportation even though I am married to a US citizen and that I applied to a waiver form to remove the hiv condition to get permanent residence. My lawyer told me for now I am neither a permanent resident nor a temporary resident but just that my case was pending and it s been now for more than 18 months and still I do not have any news from the waiver filed in december 2006 and we do not know if it has been approved or not.
My 2 year anniversary marriage is approaching in february 2008. Does it make a difference ?
Any ideas?

Offline md

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Re: GREEN CARD
« Reply #33 on: October 07, 2007, 08:23:12 PM »
No, he was physically deported.

Do you happen to know the specific grounds on which he was deported?

(I understand that it was because he was found to be HIV+ but I wonder if you know whether that was the official, legal reason for the deportation or whether it was something else).

The reason why this is of interest to me is that my partner (who is currently in a nursing home suffering from AIDS Dementia Complex) is a permanent resident (ie a green card holder) and I have been wondering exactly what his status is.

Fortunately his green card was renewed in 2004 so it doesn't come up for renewal again until 2014 (and the chances that he will last that long seem to be pretty remote) but I have wondered what might happen if USCIS found out about this in the interim.

I suppose that I should really ask an immigration attorney, but there doesn't seem to be much point in doing that unless / until something actually happens because I don't know what we could differently than what we are already doing ...

Offline vokz

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Re: GREEN CARD
« Reply #34 on: October 08, 2007, 02:36:05 AM »
I will certainly ask him; but as I understand it the justification was that he was HIV-positive AND had no family/relationship ties there. It could well be that he could have fought / appealed the decision, but since he was planning on leaving anyway he just didn’t bother.

UPDATE: I’ve just spoken to Simon and there is a level of complication I wasn’t aware of – and which was correctly alluded to by Milker.

It seems that the authorities were able to prove that he had been regularly travelling outside of the USA on business. On the last such trip he had been stopped at immigration and had only been readmitted pending clarification of his position.

That said, his employers had asked for clarification of his position before asking him to travel (which was how his stautus became known) and had not received a response within the statutory period; so an appeal would almost certainly have succeeded (had he, or his employer, chosen to lodge one) – but since he was in any case due to transfer back to the London office, it was considered to be a waste of time and effort (call me pig-headed, but if that had been me I would have lodged the appeal just to be awkward).
« Last Edit: October 08, 2007, 03:31:02 AM by vokz »

Offline md

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Re: GREEN CARD
« Reply #35 on: October 08, 2007, 03:46:17 AM »

That said, his employers had asked for clarification of his position before asking him to travel (which was how his stautus became known) and had not received a response within the statutory period; so an appeal would almost certainly have succeeded (had he, or his employer, chosen to lodge one) – but since he was in any case due to transfer back to the London office, it was considered to be a waste of time and effort (call me pig-headed, but if that had been me I would have lodged the appeal just to be awkward).


Thanks for the information.

The unfortunate thing in your friend's case is that, since he was actually deported, it makes it even more difficult for him ever to come back to the US even as a visitor. Obviously the fact that USCIS know he is
HIV+ would have likely made it next to impossible anyway, but the deportation makes it even worse.

I realize that, in this case, he may not have had the option, but it is my understanding that the best course of action (in terms of keeping your future options open) when faced with the prospect of being deported from the US is to leave voluntarily if at all possible. Similarly, if it becomes apparent when entering the US that you are going to be refused entry you should announce that you have changed your mind and don't want to enter the US after all - that way you technically don't get "refused". (no idea how this would really work out in practice though ...)

Offline milker

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Re: GREEN CARD
« Reply #36 on: October 08, 2007, 10:33:45 AM »
It is good for immigrants to have the phone number of the Lesbian and Gay Immigration Rights Task Force (LGIRTF) in their wallet just in case they need to contact an attorney:

212 714-2904

www.lgirtf.org

Milker.
mid-dec: stupid ass
mid-jan: seroconversion
mid-feb: poz
mar 07: cd4 432 (35%) vl 54000
may 07: cd4 399 (28%) vl 27760
jul 07: cd4 403 (26%) vl 99241
oct 07: cd4 353 (24%) vl 29993
jan 08: cd4 332 (26%) vl 33308
mar 08: cd4 392 (23%) vl 75548
jun 08: cd4 325 (27%) vl 45880
oct 08: cd4 197 (20%) vl 154000 <== aids diagnosis
nov 2 08 start Atripla
nov 30 08: cd4 478 (23%) vl 1880 !!!!!!!!!!!!!!!!!!!!!!!!!!
feb 19 09: cd4 398 (24%) vl 430 getting there!
apr 23 09: cd4 604 (29%) vl 50 woohoo :D :D
jul 30 09: cd4 512 (29%) vl undetectable :D :D
may 27 10: cd4 655 (32%) vl undetectable :D :D

Now accepting applications from blowjob ninjas™

Offline jonny123

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Re: GREEN CARD
« Reply #37 on: October 08, 2007, 12:09:06 PM »
I'm a bit late at jumping into this topic, but I read the list of places HIV poz people are not allowed, Mark. Interesting since I have been to a few of them. Luckily I never feel ill.

Newbie. Are you or someone you know who is HIV positive trying to come to the states for visit, or live? and if so, from where?

I know of one positive person who was able to get asylum here in the states because he was HIV positive, and was not deported back to Mexico.
This was a few years ago so some laws may have changed I am not exactly sure.

I also know of a few young guys who said they wanted to get infected so they would be able to stay here in the states. I suppose this is a discussion for another thread, but obviously there must be some exceptions for obtaining legal status here in the US if you are positive, and (BIG) IF, you are already here.

JP
:-)

 


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