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Author Topic: HIV and immigration  (Read 1387 times)

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Offline alejandroglz

  • Member
  • Posts: 40
HIV and immigration
« on: July 24, 2009, 11:57:55 AM »
HI everybody

I have been positive since a few months ago. I have a question about immigration. Iím a legal permanent resident of US, and next year I will be eligible to apply for citizenship, since I been living as a resident over 5 years, so I donít know why, but I been thinking if they could deny my citizenship if they know about my HIV status, of course Iím not going to disclosure my status with immigration because is not required. Iím just wondering if somebody else had been on this situation.

i will appreciate any advice 

thank you
 8)
05/09 poz
05/09 cd4 320 vl 500,000+
06/09 cd4 560 vl 442,000
07/09 cd4 460 vl 125,000 
09/09 cd4 389 vl 140,000
10/09 cd4 349 vl 148,000
11/09 cd4 350 vl 150,000 start Isentress/Truvada (11-18-09)
12/09 cd4 509 vl undetectable! As 12-03-09 + H1N1 vaccine
04/10 cd4 560 vl und
08/10 cd4 580 vl und start Isentress 2*400ml once a day/1truvada

Uno no vino al mundo a sufrir, arriba ese animo!

Offline Miss Philicia

  • Member
  • Posts: 24,424
  • celebrity poster, faker & poser
Re: HIV and immigration
« Reply #1 on: July 24, 2009, 12:01:30 PM »
While I'm sure that there have been HIV infected individuals with the same situation, I'd advise giving yourself some peace of mind and discussing this situation with a knowledgeable immigration lawyer.  I see that you live in Chicago, so you should have the appropriate resources if you go to a large ASO (AIDS service organization) they will either have a legal department, or they will be able to direct you to another organization that does pro bono work in this area.

I had a best friend who was in the same situation (here legally with proper papers) from Guyana and he had no problems post-infection becoming a US citizen, but I don't know the details beyond that.
« Last Edit: July 24, 2009, 12:04:51 PM by Miss Philicia »
"Iíve slept with enough men to know that Iím not gay"

Offline Luke

  • Member
  • Posts: 291
Re: HIV and immigration
« Reply #2 on: July 24, 2009, 12:08:18 PM »
Andrew Sullivan hasn't found a way around the obstacle, so keep quiet about it and follow Madame Philicia's excellent advice. 

Offline Lakis

  • Member
  • Posts: 83
Re: HIV and immigration
« Reply #3 on: July 24, 2009, 12:16:19 PM »
Hi,
I was in the same situation. Will send u all infos pvt later.

Offline alejandroglz

  • Member
  • Posts: 40
Re: HIV and immigration
« Reply #4 on: July 24, 2009, 12:59:53 PM »
thank you all for the advice

Lakis,  btw you can email me the info if you want thanks

 :)
05/09 poz
05/09 cd4 320 vl 500,000+
06/09 cd4 560 vl 442,000
07/09 cd4 460 vl 125,000 
09/09 cd4 389 vl 140,000
10/09 cd4 349 vl 148,000
11/09 cd4 350 vl 150,000 start Isentress/Truvada (11-18-09)
12/09 cd4 509 vl undetectable! As 12-03-09 + H1N1 vaccine
04/10 cd4 560 vl und
08/10 cd4 580 vl und start Isentress 2*400ml once a day/1truvada

Uno no vino al mundo a sufrir, arriba ese animo!

Offline Andy Velez

  • Global Moderator
  • Member
  • Posts: 25,184
Re: HIV and immigration
« Reply #5 on: July 24, 2009, 01:12:26 PM »
Lakis, keep us posted on how it goes. Also, if you come up with any particularly helpful links or sources, please consider posting them here as I know this a question of concern to many.

Good luck to you.
Andy Velez

Offline AboutToStart

  • Member
  • Posts: 134
Re: HIV and immigration
« Reply #6 on: July 24, 2009, 04:07:33 PM »
No medical examination is required for naturalization so unless you go ahead and declare your status to the them - they wouldn't know/care.

By next year - hopefully the US will join the rest of the free world and finally lift the HIV ban from visitors entering the US, and hopefully that will apply as well to immigrants applying for permanent residency and naturalizing citizens (I don't see a reason why it wouldn't but we'll have to wait and see..)

Good luck.

Offline nycpoz

  • Member
  • Posts: 76
Re: HIV and immigration
« Reply #7 on: July 24, 2009, 08:40:25 PM »
How about if you are on H1-b... is there a way around you can apply for residency? So far my google-research says no.

Offline AboutToStart

  • Member
  • Posts: 134
Re: HIV and immigration
« Reply #8 on: July 24, 2009, 10:14:58 PM »
Nop, no way around that one unless - again - they change the rules with the lifting of the HIV ban..

Editted to add:
Well the only way out might be: getting married to a US citizen (a woman of course, as same sex marriage are NOT recognized by the feds even if approved at the state level..). Then - applying for residency based on marriage - still not simple but at least you can try - with a good lawyer - apply for a waiver. Employment based - no waivers (but that might changed, perhaps even soon...)
« Last Edit: July 24, 2009, 10:22:28 PM by AboutToStart »

Offline nycpoz

  • Member
  • Posts: 76
Re: HIV and immigration
« Reply #9 on: July 24, 2009, 10:50:44 PM »
I hope rules change soon. Marrying a citizen, I don't think I am ever gonna have a loving relationship ever again. Just being stupid and curious- Does this apply to marrying 'a permanent resident' ?

Offline AboutToStart

  • Member
  • Posts: 134
Re: HIV and immigration
« Reply #10 on: July 25, 2009, 12:57:00 AM »
Just being stupid and curious- Does this apply to marrying 'a permanent resident' ?

No.

Offline nycpoz

  • Member
  • Posts: 76
Re: HIV and immigration
« Reply #11 on: July 25, 2009, 12:16:37 PM »
No.

I just checked http://www.immigrationequality.org/template.php?pageid=177 and it says the waiver (thogh very difficult) applies to spouse of both citizens and legal permanent residents.

HHS has proposed to remove HIV from communicable disease list, which is under a 45 day review period.

Offline AboutToStart

  • Member
  • Posts: 134
Re: HIV and immigration
« Reply #12 on: July 25, 2009, 02:07:56 PM »
You're right.. what I meant was that the process itself of obtaining a green card throu marriage to a permanent resident is MUCH longer and more difficult than throu marriage to a citizen thus less desireable.. the HIV status/waiver is the same.

 


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