On ADAP and applying for Green Card in August.

[Myoho]

Last year in September, I've got my asylum granted. I have to wait for 1 year so I can apply for Green Card. So, this end of August, I will fill the application.
In April 2012, I've got HIV+ diagnose and start my medication in June. I'm on ADAP plus primary care now. I wonder if this is going to affect my Green Card application and result?

[JR Gabbard]

You should speak with an attorney who practices immigration law.  If you have one helping you with your Green Card application, he or she would be the best one to answer your question.  If not, ask the person who helped you with your asylum application.
It will boil down to whether ADAP is a public benefit in the eyes of DHS.  Medicaid, SSI (not SSDI) and other poverty-based programs are considered public benefits.  ADAP has different income requirements, so it might not be considered as such.

[Myoho]

I have a lawyer/attorney who helped me with asylum and still with her for Green Card. I email her and she replied last night. She said stick with ADAP and don't change to Medicaid until application and fingerprinted. I will meet her at the end of August. Hope there will be no problem with my Green Card application and result.

If i would like to have a private insurance for HIV care and drugs without burden me so much, any recommendation?
About myself right now: Graduated from NYFA in October 2010 and granted asylum in September 2011. Still struggling to get a job, and doing weekly small catering business at home just to live everyday.

[Ann]

Myoho, wow, what a worry that must be for you.

Now this is just my opinion, but I can't see how they can turn you down, for a couple reasons. The biggest reason is that you have been granted asylum and I believe that means they can't make you leave. I really think asylum trumps green card. I could be wrong, but that's how it should be (IMO).

The second thing is that you were diagnosed after being granted asylum. It's not like you already knew. It's not your fault the job market is so poor at the moment and that's what ADAP is for - a safety net for people with hiv who don't have adequate or any health insurance, for whatever reason including lack of a job.

Back in 1985, my husband applied for a green card but he got turned down the first time (he's a British citizen and we were married and living in NY). We'd been married for about six months when he applied (and living together for over a year), but they didn't believe us that it was a real marriage.

However, he appealed. By the time his appeal hearing came around I was seven or eight months pregnant with our daughter (and married for over three years), so they could hardly argue that the marriage was only for the purpose of getting his green card. He was approved.

My point in telling you my (now ex) husband's green card story is that even if you are turned down the first time (which I think is unlikely, given your asylum status), you have the right of appeal. Appeal hearings usually take quite some time before they happen, so by that time you might have a job and health insurance.

By the way, I'm now living in the UK. Here, people who have been granted asylum - and even asylum seekers - are treated for hiv free of charge, just like anyone else here who is living with hiv. Isn't that fantastic?

Good luck with the green card and with your job hunting. Hang in there! I hope everything turns out alright for you. Please keep us posted, ok?

Ann

[Mrmojorisin]

 It will  no effect on your green card. In Jan of 2010 HIV was removed from the list of infectious diseases that would prohibit legal immigration. They will probably do a blood test but cannot test for HIV. I know this because I am in the process of getting legal status for my wife and looked it up when I tested positive. You are in good shape. I wouldn't volunteer your status, if I were in your shoes.       You can look it up for yourself at www.uscis.gov and type HIV in the search box.

[Ann]

mojo, I don't think Myoho is worried about hiv, he's worried about being on ADAP. They can turn you down if they think you're being a financial burden on the state, but I think his case is a different, partly because of having been granted asylum and also because of what JR said about ADAP possibly not being viewed as a public benefit.

[Myoho]

Dear Ann, Thanks so much with the reply. It's very pleasant to read your explanation. I decided to live here not only the asylum reason (even tho its the biggest reason, I'm a Come out Gay in media from Indonesia) also cos I have my partner for 8 years now. We married and still looking a great time in the future. I' ve got diagnosed 7 months after asylum granted. My partner supports me very much and I don't see any sign he will leave me for this.
I never think that I will experience these. It's like a roller coaster but I take it like this. everything my decision are and whatever happened, there will be a reason for me.
I will meet my attorney this August and hope everything will be on time for my Green Card cos I would love to be home for my little sister's wedding and see my family for a while.
"Always change poison into medicine"

[Ann]

Myoho, you're welcome. Glad I could help a bit.

Being married and in a stable relationship should help make your green card application stronger. Good luck and keep us posted on what happens.

You're right, the early days of being diagnosed with hiv is definitely like being on a roller coaster. Hang tight - it really does get better in time.

Hugs,
Ann
xxx