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Author Topic: IMMIGRATION FROM CANADA TO U.S  (Read 2694 times)

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Offline Morton Salt

  • Member
  • Posts: 98
IMMIGRATION FROM CANADA TO U.S
« on: June 16, 2006, 02:21:46 PM »
So i am from Canada.  I came to Los Angeles 15 years ago and never left.  I was married almost 2 years ago and now we are going to start the legal portion of making me legal here in the U.S.  We meet with our Immigration attorney tomorrow who does not know at this point that i am HIV+.  I do know that she has a list of doctors to choose from for the physical exam. Basically, she said that all they do is take blood and check for Communicable diseases.  Is HIV on the list of communicable diseases?  Will this not allow me to go ahead with getting my legal U.S status??  Does anyone have info on this??

~Mort

Offline The Canuck

  • Member
  • Posts: 628
Re: IMMIGRATION FROM CANADA TO U.S
« Reply #1 on: June 16, 2006, 02:24:12 PM »
Quote
Is HIV on the list of communicable diseases?

I'd bet this one is on the list but this is as far as I can go with your questions.

The Canuck

Offline heartforyou

  • Member
  • Posts: 1,103
  • I must be a survivor in many ways...
Re: IMMIGRATION FROM CANADA TO U.S
« Reply #2 on: June 16, 2006, 04:18:17 PM »
HIV positive is normally a condition that will keep you from getting US citizenship.

But as you have been living there for so long there might be ways out.

But an HIV test will definitely be done.

Hermie
Diagnosed in 1987 and still kicking
Viread, Kivexa (Epzicom),Viramune once daily

Happiness is the freedom of breathing fresh air every day.

Offline angelina2

  • member
  • Posts: 1
Re: IMMIGRATION FROM CANADA TO U.S
« Reply #3 on: June 16, 2006, 05:00:25 PM »
You will need to sign an HIV waiver which your lawyer should prepare for you. You need to be very honest with your lawyer so he can help you as best as possible--that is what you are paying him for! I know because I was in your situation and got my greencard, and am now applying for my US citizenship.

Offline Cliff

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  • Posts: 2,645
Re: IMMIGRATION FROM CANADA TO U.S
« Reply #4 on: June 16, 2006, 08:19:57 PM »
As mentioned by the others, you will be tested for HIV and normally will not be allowed to become a citizen if you are HIV positive.  However, there are exceptions and since you are getting married to an American, then I believe that qualifies as one of the exceptions.  But Angelina is correct, you need to be very open and honest with your attorney so that they can assist you in getting your citizenship with the least amount of hassle.

Offline gerry

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  • Posts: 522
  • Joined AM Feb 2003
Re: IMMIGRATION FROM CANADA TO U.S
« Reply #5 on: June 16, 2006, 08:25:01 PM »
Here's more info about obtaining a waiver.  As already mentioned, your lawyer would be your key advocate in getting this done correctly.

Offline Morton Salt

  • Member
  • Posts: 98
Re: IMMIGRATION FROM CANADA TO U.S
« Reply #6 on: June 16, 2006, 09:49:23 PM »
Hey cliff.   i am already married.  have been for almost 2 years.  and yes, to a u.s women....just thought id pop that in there.

Offline Morton Salt

  • Member
  • Posts: 98
Re: IMMIGRATION FROM CANADA TO U.S
« Reply #7 on: June 16, 2006, 09:51:35 PM »
Well my first visit with the lawyer is tomorrow.  I will let her know so there will be no suprises.lol   will this waiver interfere with goverment assistance such as ADAP?  JUST CURIOUS.   

Offline gerry

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  • Posts: 522
  • Joined AM Feb 2003
Re: IMMIGRATION FROM CANADA TO U.S
« Reply #8 on: June 16, 2006, 10:15:21 PM »
Quote
will this waiver interfere with goverment assistance such as ADAP?

I believe it's the other way around.  Your future need for government assistance for HIV-related treatment might affect your ability to obtain an HIV waiver and therefore might affect your being able to obtain permanent residence/immigration status.

From the National Immigration Project website: Obtaining An HIV Waiver: The Extra Test
The third part of the test may be the most difficult to overcome, depending on the noncitizen's situation. The applicant must show that no cost will be incurred by a government agency without that agency's prior consent to providing necessary services or benefits. This essentially has been interpreted by DHS to refer to health care costs. If an applicant can show they or their sponsors have health care insurance that will cover any possible future medical expenses, for example, he or she will have a very strong application for the HIV waiver. If not, other evidence must be proffered, such as financial resources necessary to cover projected lifetime medical costs of HIV treatment, statements from specific private/government health care and research facilities assuming responsibility for treatment, or statements of consent from local or state health care officials. If an applicant is asymptomatic and has a job offer, this will also help them meet the requirements.

Offline Morton Salt

  • Member
  • Posts: 98
Re: IMMIGRATION FROM CANADA TO U.S
« Reply #9 on: June 18, 2006, 02:25:27 PM »
So i went to see the lawyer yesterday.  Yurns out that this immigration lawer has never had to do an HIV Waiver, but did say that because i have health insurance already it shouldnt be a problem.  Howeve about 4 years ago  i did mark on an unemployment form that i was a u.s citizen in order to collect un employment.  It seems as though thats a pretty big deal and shouldnt apply for my work visa status just yet before more research on that particular problem..............All and all its just another brick in the wall!
 Morton

Offline jon

  • Member
  • Posts: 18
Re: IMMIGRATION FROM CANADA TO U.S
« Reply #10 on: June 19, 2006, 04:51:40 PM »
I'll trade you citizenship.  You stay here and I'll go to Canada.   American politicians couldn't care less about HIV.
You'll have to kill Me before I die!!!

 


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