Tuesday, August 15, 2017

HIV Positive a Problem for Marriage Green Card?

I was very happy in 2010 when the U.S. changed the law regarding marriage green cards for persons who were HIV positive.  Now being HIV positive is not a reason for an Immigration Officer to reject a marriage green card. 

There are certain medical conditions that the Center for Disease Control (CDC) in Atlanta, Georgia tells the Immigration Officers to be careful with, and it changes all the time.  

The best way to find out what medical conditions are restricted at the current time is to read the I-693 Medical Exam form that is available for free at www.uscis.gov website (click on "forms").  If you read the I-693 Medical Exam form you will see the questions that the doctor asks, and also see the tests the doctor will give to the marriage green card applicant.

Is an HIV test required for the marriage green card?  At the present time, no.  Can the Immigration Officer ask if you are HIV positive?  I suppose they could, but the officers have been clearly advised (since 2010) to disregard any diagnosis of HIV infection when making a decision about a marriage green card.

If the Immigration Officer learns that an applicant for a marriage green card is HIV positive, they are allowed to figure out if the applicant would be a "public charge" to the American society.  According to the United States Citizenship and Immigration Services ("USCIS"), a public charge is:


"an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense" 
Danielle Nelisse, Immigration Attorney

So for those who are HIV positive and may not yet have medical insurance, the Immigration Officer can ask if you receive means-tested benefits like welfare, Medicaid (health insurance for the poor) or any other public benefits."Means-tested" is when, in order to get the benefits you had to give proof of your income. 


If you are not sure whether the benefits you get (for things like medicine or medical treatment) would jeopardize your marriage green card application, it would be good to ask an Immigration Attorney like Danielle Nelisse. You can either call Danielle at (619) 235-8811 or Email her with your questions.

 Other Immigration Questions Concerning Same Sex Married Couples:

What are the issues if my gay spouse entered the USA as a B-2 Tourist?

Exactly what happens at a marriage green card interview?

How does a person get married in the USA? 

Tips on how to help your helping your partner adjust to America during the Adjustment of Status process.

What if my spouse entered the USA legally, but overstayed their visa?

What if my spouse is HIV positive?

Is "coming out" important to the Immigration Officer who conducts the marriage green card interview?
They may require that you have health insurance in the U.S. in order to prove that you will not become a “public charge,” or dependent upon the government for sustenance. The Immigration Equality organization has been receiving reports of numerous HIV-positive foreign nationals being denied visas on these grounds. They explain that the DOS even “spells out that ‘it may be difficult’ for HIV-positive applicants to overcome a public charge finding.” - See more at: http://www.izquierdomarin.com/applying-for-a-green-card-with-hiv-the-impact-of-the-hiv-ban-lift-on-visa-applications#sthash.R38BUhgR.dpuf
They may require that you have health insurance in the U.S. in order to prove that you will not become a “public charge,” or dependent upon the government for sustenance. The Immigration Equality organization has been receiving reports of numerous HIV-positive foreign nationals being denied visas on these grounds. They explain that the DOS even “spells out that ‘it may be difficult’ for HIV-positive applicants to overcome a public charge finding.” - See more at: http://www.izquierdomarin.com/applying-for-a-green-card-with-hiv-the-impact-of-the-hiv-ban-lift-on-visa-applications#sthash.R38BUhgR.dpuf
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Other Immigration Questions Concerning Same Sex Married Couples:

What are the issues if my gay spouse entered the USA as a B-2 Tourist ?

Exactly what happens at a marriage green card interview?

How does a person get married in the USA? 

Tips on how to help your helping your partner adjust to America during the Adjustment of Status process.

What if my spouse entered the USA legally, but overstayed their visa?

What if my spouse is HIV positive?

Is “coming out” important to the Immigration Officer who conducts the marriage green card interview?

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