Medical Inadmissibility
Oct 30th 2003, 4:18 am
#1
Guest
Posts: n/a
Medical Inadmissibility
Hi
I am in the USA under a work visa. Over the course of my stay here, i
have contracted the HIV disease.
I intend to apply for green card status either through H1B or family
sponsorship (if i get married). I believe there are some restrictions
or specific requirements for people with my status who intend to
immigrate. As I am still in the planning stages and I have some
questions that are pertinent to my situation.
1. Specifically, I would want to know some of the implications of my
status and how it could affect the processing of my application.
2. If i got the H1B route (I intend to apply for a position as a
university professor), I wouldn't want my employer to be aware of my
status, so I will likely end up paying for the services - thus, what
are the costs involved in representing people in my situation, or
what are the implications of getting employer-sponsored HIB/Green
Card, should they find out about my status.
3. If I go the family route, what are the implications for my spouse
who maybe either negative or positive?
4. Now, in the meantime, if I access disease-related medical care in
the US, I believe this could complicate my future plans to settle
here, and I'm wondering how I could go about this without comprising
my current health status and my future intent. ARe there services
that can offer me some lab-related work, without necessarily
compromising my current and future immigration status - for example,
if INS should find out I'm benefiting from a federal assistance
program?.
5. Finally, are there lawyers who specialize in immigration for those
infected?
I would appreciate any advice and shared-experiences you can render.
thanks for your assistance - Pinto
I am in the USA under a work visa. Over the course of my stay here, i
have contracted the HIV disease.
I intend to apply for green card status either through H1B or family
sponsorship (if i get married). I believe there are some restrictions
or specific requirements for people with my status who intend to
immigrate. As I am still in the planning stages and I have some
questions that are pertinent to my situation.
1. Specifically, I would want to know some of the implications of my
status and how it could affect the processing of my application.
2. If i got the H1B route (I intend to apply for a position as a
university professor), I wouldn't want my employer to be aware of my
status, so I will likely end up paying for the services - thus, what
are the costs involved in representing people in my situation, or
what are the implications of getting employer-sponsored HIB/Green
Card, should they find out about my status.
3. If I go the family route, what are the implications for my spouse
who maybe either negative or positive?
4. Now, in the meantime, if I access disease-related medical care in
the US, I believe this could complicate my future plans to settle
here, and I'm wondering how I could go about this without comprising
my current health status and my future intent. ARe there services
that can offer me some lab-related work, without necessarily
compromising my current and future immigration status - for example,
if INS should find out I'm benefiting from a federal assistance
program?.
5. Finally, are there lawyers who specialize in immigration for those
infected?
I would appreciate any advice and shared-experiences you can render.
thanks for your assistance - Pinto
Oct 30th 2003, 12:50 pm
#2
Guest
Posts: n/a
Re: Medical Inadmissibility
>Subject: Medical Inadmissibility
>From: [email protected] (Pino)
>Date: 10/30/03 12:18 PM Eastern Standard Time
>Message-id: <[email protected] >
>Hi
>I am in the USA under a work visa. Over the course of my stay here, i
>have contracted the HIV disease.
>I intend to apply for green card status either through H1B or family
>sponsorship (if i get married). I believe there are some restrictions
>or specific requirements for people with my status who intend to
>immigrate. As I am still in the planning stages and I have some
>questions that are pertinent to my situation.
>1. Specifically, I would want to know some of the implications of my
>status and how it could affect the processing of my application.
>2. If i got the H1B route (I intend to apply for a position as a
>university professor), I wouldn't want my employer to be aware of my
>status, so I will likely end up paying for the services - thus, what
>are the costs involved in representing people in my situation, or
Your big problem is the HIV. It will show up on the test and hence bar you
from becoming a permanet resident. If there are workarounds, a lawyer would be
best able to guide you. A mere consultation may be enough for a yea or nay.
Spend a 100 bucks and talk to a lawyer...
>From: [email protected] (Pino)
>Date: 10/30/03 12:18 PM Eastern Standard Time
>Message-id: <[email protected] >
>Hi
>I am in the USA under a work visa. Over the course of my stay here, i
>have contracted the HIV disease.
>I intend to apply for green card status either through H1B or family
>sponsorship (if i get married). I believe there are some restrictions
>or specific requirements for people with my status who intend to
>immigrate. As I am still in the planning stages and I have some
>questions that are pertinent to my situation.
>1. Specifically, I would want to know some of the implications of my
>status and how it could affect the processing of my application.
>2. If i got the H1B route (I intend to apply for a position as a
>university professor), I wouldn't want my employer to be aware of my
>status, so I will likely end up paying for the services - thus, what
>are the costs involved in representing people in my situation, or
Your big problem is the HIV. It will show up on the test and hence bar you
from becoming a permanet resident. If there are workarounds, a lawyer would be
best able to guide you. A mere consultation may be enough for a yea or nay.
Spend a 100 bucks and talk to a lawyer...
Nov 2nd 2003, 6:37 pm
#3
Guest
Posts: n/a
Re: Medical Inadmissibility
On Thu, 30 Oct 2003 09:18:50 -0800, Pino wrote:
> Hi
>
> I am in the USA under a work visa. Over the course of my stay here, i
> have contracted the HIV disease.
>
> I intend to apply for green card status either through H1B or family
> sponsorship (if i get married). I believe there are some restrictions or
> specific requirements for people with my status who intend to immigrate.
> As I am still in the planning stages and I have some questions that are
> pertinent to my situation.
>
> 1. Specifically, I would want to know some of the implications of my
> status and how it could affect the processing of my application.
Unfortunately, HIV is on the list of diseases that make you inadmissible.
There are limited exceptions if you can show that you have both the funds
to pay for your treatment, and that you are not a threat to public health.
From this perspective, the marriage route may be safer.
You would have to ask an attorney for details, though. I seem to recall
that these exceptions only apply for short-term stays in the USA, that is,
as a tourist or so.
> 2. If i got the H1B route (I intend to apply for a position as a
> university professor), I wouldn't want my employer to be aware of my
> status, so I will likely end up paying for the services - thus, what are
> the costs involved in representing people in my situation, or what are
> the implications of getting employer-sponsored HIB/Green Card, should
> they find out about my status.
It really doesn't matter much to the employer.
> 3. If I go the family route, what are the implications for my spouse who
> maybe either negative or positive?
There are no implications for your spouse, since your spouse would be a US
citizen anyway.
> 4. Now, in the meantime, if I access disease-related medical care in the
> US, I believe this could complicate my future plans to settle here, and
> I'm wondering how I could go about this without comprising my current
> health status and my future intent. ARe there services that can offer
> me some lab-related work, without necessarily compromising my current
> and future immigration status - for example, if INS should find out I'm
> benefiting from a federal assistance program?.
Anything that you pay for yourself should be fine. Certain public services
may also be OK, although that's a real problem.
> 5. Finally, are there lawyers who specialize in immigration for those
> infected?
That seems rather unlikely, since most such people find themselves unable
to immigrate in the first place. The number of cases would be too small.
You should find a regular general immigration attorney, and then among
them hunt around until you find somebody who may be able to help you.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
> Hi
>
> I am in the USA under a work visa. Over the course of my stay here, i
> have contracted the HIV disease.
>
> I intend to apply for green card status either through H1B or family
> sponsorship (if i get married). I believe there are some restrictions or
> specific requirements for people with my status who intend to immigrate.
> As I am still in the planning stages and I have some questions that are
> pertinent to my situation.
>
> 1. Specifically, I would want to know some of the implications of my
> status and how it could affect the processing of my application.
Unfortunately, HIV is on the list of diseases that make you inadmissible.
There are limited exceptions if you can show that you have both the funds
to pay for your treatment, and that you are not a threat to public health.
From this perspective, the marriage route may be safer.
You would have to ask an attorney for details, though. I seem to recall
that these exceptions only apply for short-term stays in the USA, that is,
as a tourist or so.
> 2. If i got the H1B route (I intend to apply for a position as a
> university professor), I wouldn't want my employer to be aware of my
> status, so I will likely end up paying for the services - thus, what are
> the costs involved in representing people in my situation, or what are
> the implications of getting employer-sponsored HIB/Green Card, should
> they find out about my status.
It really doesn't matter much to the employer.
> 3. If I go the family route, what are the implications for my spouse who
> maybe either negative or positive?
There are no implications for your spouse, since your spouse would be a US
citizen anyway.
> 4. Now, in the meantime, if I access disease-related medical care in the
> US, I believe this could complicate my future plans to settle here, and
> I'm wondering how I could go about this without comprising my current
> health status and my future intent. ARe there services that can offer
> me some lab-related work, without necessarily compromising my current
> and future immigration status - for example, if INS should find out I'm
> benefiting from a federal assistance program?.
Anything that you pay for yourself should be fine. Certain public services
may also be OK, although that's a real problem.
> 5. Finally, are there lawyers who specialize in immigration for those
> infected?
That seems rather unlikely, since most such people find themselves unable
to immigrate in the first place. The number of cases would be too small.
You should find a regular general immigration attorney, and then among
them hunt around until you find somebody who may be able to help you.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
