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I need help with my opions with my fiancees k-1 visa turn down do to her medical

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  • I need help with my opions with my fiancees k-1 visa turn down do to her medical

    my fiancee went on her interview and everything was aproved waiting her medical exam. Well her medical went real bad. She tested postive for hiv. I need help on how bring here to usa still and ball park on how much it will cost. Some told me it will cost me around 10,000 i am not rich guy so that to much for me handle......i can do it saving for next 18months...or a lawyor takes spread out payments....i need someone really give me info on this problem i have.......i love her and i want her here so she can get good health care.....i just need lots of info on this and how go about it thank you...my email is tcfit27@yahoo.com
    tc

  • #2
    my fiancee went on her interview and everything was aproved waiting her medical exam. Well her medical went real bad. She tested postive for hiv. I need help on how bring here to usa still and ball park on how much it will cost. Some told me it will cost me around 10,000 i am not rich guy so that to much for me handle......i can do it saving for next 18months...or a lawyor takes spread out payments....i need someone really give me info on this problem i have.......i love her and i want her here so she can get good health care.....i just need lots of info on this and how go about it thank you...my email is tcfit27@yahoo.com
    tc

    Comment


    • #3
      What country is she in? I hope that you realize that you will be attacked by Michael and possibly others. They will make hateful, racist remarks. Disregard those and hopefully something helpful will be posted.

      Comment


      • #4
        she lives in philippines...has worked as a nurse for 2 years......thats were she got it.....i am here for help in a respective way this not a game......people should be respective to people familys
        tc

        Comment


        • #5
          HIV as a Ground of Inadmissibility:
          How it works
          Two major sets of rules prevent noncitizens from entering and/or staying in the United States: the grounds of inadmissibility and deportability. HIV is not a ground of deportability, but is a ground of inadmissibility. This means DHS can "remove" someone from the United States for HIV only if the person entered the United States without government permission. DHS cannot deport people for being HIV positive or having an AIDS diagnosis if they entered on visas or now have lawful permanent residence.

          Because HIV is a ground of inadmissibility, DHS may attempt to keep HIV positive individuals who are trying to enter the country, except US citizens and most lawful permanent residents, out of the United States. This includes temporary visitors (non-immigrants) and those intending to live in the United States permanently (immigrants).

          Another inadmissibility ground that is a barrier for many HIV positive noncitizens is the "public charge" ground, which means that an individual will be deemed dependent upon federal benefits. Most people applying for lawful permanent residence must show they are admissible, since DHS may deny lawful permanent residence to anyone who has HIV/AIDS, whether that person applies from another country or from inside the United States.


          Although DHS does not test people for HIV when they try to enter the United States, everyone except US citizens and lawful permanent residents must get a visa to enter legally. Noncitizens who want to immigrate permanently to the United States as lawful permanent residents must submit to a medical examination that includes an HIV antibody test. People coming to the United States for other reasons, such as study, work, or a visit, must fill out a "non-immigrant" visa application which asks: "Have you ever been afflicted with a communicable disease of public health significance?"

          In immigration law, "infection with the etiologic agent for acquired immune deficiency syndrome" or AIDS is specifically listed as a "communicable disease of public health significance." Since this is a reason for keeping noncitizens from entering the United States, DHS can try to turn away anyone who answers "yes" to this question. DHS also may try to keep out individuals whom agents think may be HIV positive based on evidence, such as the person carrying AIDS medications in his or her luggage. The box on Travelers with HIV has more information on how to avoid these types of problems and what to do when they happen.

          Non-immigrants
          If an HIV positive noncitizen applying for a non-immigrant visa knows that HIV is a communicable disease of public health significance but checks "no" on the question about communicable diseases, DHS may deny the visa because the agency regards this as fraud. If a non-immigrant visa applicant checks "yes," or if DHS suspects the person is HIV positive, DHS will deny the visa unless the applicant asks for the special waiver for visitors. This waiver is for people visiting the United States for a short time, such as to attend a conference, to visit close relatives, or to receive medical treatment. It differs from the waivers for noncitizens seeking lawful permanent residence. Also, noncitizens with HIV are not eligible to enter the United States "visa free" under the Visa Waiver Pilot Program (VWPP), which allows citizens from designated countries to enter the United States without a visa if they meet certain requirements.


          Lawful permanent residents (LPRs) who plan to travel outside the United States should be aware that all the inadmissibility grounds apply to them, including the HIV and public charge grounds, if they are gone for more than 180 days or have committed criminal acts in the US or abroad. Individuals in these categories should meet with an immigration advocate before they leave the United States. In practice, however, some immigration officials at the border may subject HIV positive lawful permanent residents to additional delays or scrutiny, even those who have left for less than 180 days or have not committed criminal acts.


          DHS requires most applicants for lawful permanent residence to undergo a medical examination, which includes an HIV antibody test. This is true whether a noncitizen is applying from another country or from inside the United States. Applicants who test HIV positive cannot become lawful permanent residents unless they get an HIV waiver. Waivers are often hard to get, and not everyone is eligible. The section on the HIV Waiver explains this process in detail. Remember that there are a few categories of applicants who are not required to submit to a medical examination at all, including applicants for cancellation of removal.

          The HIV Antibody Test
          DHS requires most applicants for lawful permanent residence to submit to a medical examination given by a doctor on a DHS list. The doctors on this list are called "civil surgeons" even though they are not necessarily surgeons. The medical examination consists of many tests, including an HIV antibody test. Civil surgeons start by giving applicants the Enzyme-Linked Immuno-Sorbent Assay (ELISA) HIV antibody test. If the noncitizen tests positive or indeterminate, the doctor must perform another ELISA and then the Western Blot test to confirm the applicant's HIV seropositivity. If all three tests are positive, the doctor should tell the noncitizen about the test results. Whether the doctor says anything or not, the client should ask for a copy of the HIV test results. The doctor does not give the results directly to DHS, but rather gives the noncitizen the medical results in a sealed envelope. The noncitizen must bring the sealed envelope to the interview at DHS or the US embassy. State or local laws, however, may require the doctor to report HIV positive test results to state or local health departments.

          Applicants for lawful permanent residence should not wait to learn their HIV status until they have to undergo the DHS medical examination. They should request an HIV test first with a local center that provides confidential or anonymous testing, so that they can weigh the risks of continuing with their applications.

          Comment


          • #6
            HIV Waiver Basics
            The type of waiver applicants must obtain depends on the status for which they are applying.

            Asylees, refugees, special immigrant juveniles, and those who applied through the legalization program may apply for an HIV waiver based on "family unity, humanitarian purposes or public interest" concerns. It is important to note that while immigration statute exempts these categories of noncitizens from the public charge ground of inadmissibility when they apply for lawful permanent residence, DHS imposes an additional standard similar to public charge when it makes HIV waiver decisions, as noted in the box on the Obtaining the HIV Waiver: The "Extra Test".

            Other applicants who do not fit into the categories above may apply for an HIV waiver if they are:

            husbands or wives of US citizens, lawful permanent residents, or people with immigrant visas waiting to process their permanent residence cards;
            unmarried sons and daughters of US citizens, lawful permanent residents, or people with immigrant visas waiting to process their permanent residence cards;
            parents of US citizens, lawful permanent residents, or people with immigrant visas waiting to process their permanent residence cards; or
            battered spouses or children of US citizens or lawful permanent residents.
            For many applicants, meeting the requirements above is not the problem; the more challenging hurdles for obtaining an HIV waiver are the "public charge" condition in immigration law and the DHS requirement that people applying for HIV waivers overcome an "extra" test, which is not indicated in the law anywhere. This test includes proving that an individual will not hinder public health, is unlikely to infect others with HIV, and will not cost a government agency unless that agency gives prior consent for services or benefits. More information on this test is included in the Extra Test section.

            There are several other kinds of HIV waivers. HIV waivers may also be available to noncitizens applying for a temporary status, such as Temporary Protected Status (TPS) or a visitor visa. HIV positive noncitizens from TPS-designated countries may apply for TPS if they apply for an HIV waiver based on family unity, humanitarian purposes or the public interest and fulfill the other TPS requirements for their country. A visitor may ask for the special waiver for visitors. This waiver is for people visiting the United States for a short time period, such as to attend a conference, visit close relatives, or receive medical treatment. These waivers are different than the waivers for noncitizens seeking lawful permanent residence.

            The Public Charge Problem

            Another major obstacle to gaining lawful permanent residence is being "likely at any time to become a public charge." As with HIV/AIDS, this is a ground of inadmissibility that the DHS can use to 1) prevent a noncitizen from entering or coming back into the United States, or 2) deny a noncitizen's application for lawful permanent residence. HIV positive applicants for lawful permanent residence often find it more difficult to meet the public charge test than to get the HIV waiver.

            In recent years, many noncitizens decided not to apply for public benefits that they or their children needed because they feared it would harm their immigration status. To clear up confusion, in May 1999, the former INS issued field guidance on public charge to all immigration offices. The guidance clarified that an immigrant's use of non-cash benefits, such as health care (except long-term care) will not be considered in public charge determinations. For a copy of the 1999 Field Guidance about Public Charge, consult the HIV and Immigrants section of the National Immigration Project's website at www.nationalimmigrationproject.org.

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