Exceptions To The Support Obligation
In some instances, the U.S. petitioner will not be looked to for financial support. These include where:
- the immigrant has already worked legally in the United States for a total of 40 quarters.
- the petitioning spouse has already worked 40 work quarters while married to the immigrant, or
- the immigrant is a child who will become a U.S. citizen immediately upon approval or entry to the United States for a green card.
In any of these cases, the petitioner will need to file a form called I-864W in order to claim the exception.
I Am Hiv Positive How Can I Get The Green Card
- Posted on Mar 25, 2010
People with certain illnesses are deemed “inadmissible” to the U.S. Until recently, HIV was included among those illnesses. A new formal rule, effective as of January 4, 2010, removed HIV from the list of illnesses that make a foreign national inadmissible.Eligibility for Lawful Permanent Resident status generally is based upon family-related categories and employment-related categories. Although you have the comfort of knowing that HIV will not stand in the way of getting a Green Card, it would be wise for you to review your specific circumstances with an immigration lawyer to determine eligibilities and strategies.David N. Soloway1800 Century Place, Suite 100Atlanta, Georgia 30345 www.fspklaw.com
Are Your Income And Assets High Enough To Meet Your Support Obligation
As the U.S. sponsor, your assets and income must be at least 125% of the federal Poverty Guidelines in order to show that you can maintain the applying immigrant as well as any other members of your household. For the latest table showing the required income amounts for different household sizes, see USCIS Form I-864P.
If your income alone isn’t high enough, you as well as the immigrant may count your assets, if they are readily convertible to cash, at a percentage of their full value .
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If Youre Applying For A Green Card From Abroad
When to schedule: You may schedule your medical exam only once youve received your green card interview appointment letter from the National Visa Center , which is part of the State Department that processes green card applications for relatives living abroad. The State Department explicitly instructs family members seeking a green card from abroad not to schedule their medical exam until theyre notified of their green card interview date.
How to schedule: Far in advance of receiving your appointment letter, search for your U.S. embassy or consulate, which provides instructions for the medical exam, as well as contact information on authorized doctors in each country. You will need to select a doctor yourself . Its generally best to set up your appointment as soon as you receive an interview appointment date from the NVC.
When you schedule your appointment, make sure to let the doctors office know that you seek a medical exam to immigrate to the United States.
The exam results will be valid for six months .
Schedule Your Medical Exam
As of November 1, 2018, there are new regulations on timing your I-693 medical exam. USCIS is now updating the way the current maximum 2-year validity period is calculated to enhance operational efficiencies and reduce the need to request updated Form I-693 from applicants.
The new guidelines state that:
- A Form I-693 is valid only when a civil surgeon signs it no more than 60 days before the date an applicant files the application for the underlying immigration benefit and USCIS adjudicates the application within 2 years from the date of the civil surgeons signature.
- Exam results will now be valid for 2 years instead of 1.
This means that you want to make sure you are scheduling your medical exam in conjunction with your green card application, as you only have two months to file after you get your medical exam. You can also apply for your green card without your medical exam, with the intention of getting the exam to complete the application.
NOTE: If you are applying from outside the US, then you can schedule your immigration medical exam only AFTER you have your green card interview appointment. These results will only be valid for 3-6 months.
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Us Immigration: Hiv And Your Rights
2008 and 2009 legal changes: Testing HIV-positive or having AIDS was once a bar to permanent residence, but no longer. In 2008, Congress repealed the law that made having tested HIV-positive a bar to permanent residence. Then, in November 2009, the U.S. Department of Health and Human Services took testing HIV positive and AIDS off the list of communicable diseases of public health significance. Only those diseases can make a person ineligible for a green card. The article below discussed the law as of 2004.
Because immigration laws change often regarding HIV infection and AIDS, if you are not a citizen but are HIV-positive, you should see an immigration specialist.
Will I be deported if I am diagnosed with HIV while I am in the United States on a temporary visa ?
No. You cannot be deported solely because you have HIV. HIV is not listed as a ground for deportation.
Could I be denied an adjustment in my visa status, from temporary immigrant to permanent resident, if I am diagnosed with HIV?
Yes. You are ineligible for a permanent visa if you have HIV infection. Prior to applying for your permanent visa, you must submit to a medical examination by a U.S. Citizenship and Immigration Services authorized physician. This exam includes screening for HIV infection. You may overcome this ineligibility if you apply for and receive a “discretionary waiver.”
To qualify for a waiver, you must:
What About Permanent Residents Seeking Us Citizenship
Changes to the definition of public charge could have ultimately expanded the ability of DHS to deport some immigrants who already had green cards .
Congress states that a permanent resident can only be deported on public-charge grounds within the first five years of obtaining their green card and only if they became a public charge based on circumstances that existed before they obtained their green card.
In practice, given the constraints set by Congress and court precedents, plus the fact that recent green card holders are typically ineligible for welfare, very few green card holders have been deported on public-charge grounds.
Although the public charge did not change the status quo for current green card holders, on Sept. 22, 2018 the agency sent reporters an official notice stating: The Department of Justice intends to conduct a parallel rulemaking on public charge deportability, and will ensure that the standards are consistent to the extent appropriate.
One could imagine a range of troubling scenarios, including some catch-22s.
For example, as part of the , the spouse of a U.S. citizen first obtains a green card, and then must wait three years to apply for U.S. citizenship . DHS offers a fee waiver for low-income applicants. But if use of this fee waiver suddenly counts as a government benefit triggering a public charge finding, its possible that the permanent-resident spouse of a U.S. citizen could then be deported.
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Where Does The Public Rule Stand Now
There were two versions of the regulation: The Department of Homeland Security public charge rule applied to green card applicants within the United States and the Department of State public charge policy applied to those outside the United States. Both versions of the rule are no longer in effect.
The DHS rule was halted on March 9, 2021, while the DOS policy was paused indefinitely on July 29, 2020. On April 9, 2021. The 9th Circuit Court of Appeals denied Republican states efforts to resurrect the rule. Led by Arizona, the Attorneys General of several states sought to revive the appeals aiming to keep the public charge rule in place after the 7th Circuit vacated the rule on March 9th.
The April 9th action by the court brings this fight to an end, effectively ending the 2019 version of the rule once and for all.
Learn More About Immigration Cases
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Historical Information And Links To Important Documents
After a 60 day waiting period, the final regulations which were published by the Department of Health and Human Services on November 2, 2009, became law. The regulations removed HIV from the list of communicable diseases of public health significance, meaning that anyone seeking to enter the U.S. as a visitor can do so without having to disclose their HIV status. The regulations also remove the HIV testing requirement for lawful permanent resident applicants.
As the lengthy bureaucratic process of publishing the regulations and issuing guidance on their implementation unfolded, there were several significant memoranda be issued by various U.S. government agencies about the end of the ban. The United States Citizenship and Immigration Services issued two memos about implementation of the end of the ban. On September 15, 2009 USCIS issued a memo which provided guidance on adjudicating cases before the January 4, 2010 change in the law. Specifically, the memo instructed officers not to deny cases based solely on a persons HIV-positive status, but rather to hold them in abeyance until the change in the law.
None of this would have been possible without the leadership of Senators John Kerry and Gordon Smith and Congresswoman Barbara Lee, who led the fight in Congress in 2008 to remove the statutory HIV ban.
If youve looked through our legal resources and still have questions, please reach out via one of our contact forms at the bottom of this page.
If Youre Applying From Abroad
You must bring your green card interview appointment letter from the NVC. The doctor will not perform the medical exam unless you arrive with this document, which theyll use to verify that you have an active green card application.
Boundless turns all the required government forms for a marriage-based green card into simple questions you can answer online typically in under two hours, compared with days or weeks the traditional way. We make it easy to complete your green card application and avoid common problems. Learn more about what Boundless does, or get started now.
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Preventing Or Challenging Health
A relative seeking a green card generally would not be denied on medical grounds if they:
- Have a cold at the time of the medical exam.
- Have a chronic but well-managed disease, such as diabetes or heart disease.
- Are HIV-positive.
- Previously had one of the communicable diseases listed above .
If, however, a relative seeking a green card has a health-related condition that could lead to denial of their application, its generally best to do the following:
If youve tested positive for gonorrhea, syphilis, leprosy, or tuberculosis in the past: Its important to show USCIS or the State Department that you have been successfully treated. Typically, the best way to do so is to bring copies of your medical records showing the treatment you received and the results of that treatment, as well as a statement from your regular doctor confirming that your disease is either cured or being managed.
If you have any history of drug abuse or mental illness: Its important to bring proof to the medical exam that your drug addiction has been treated or that your mental health is under control.
If you have any other potentially serious disease: Its good practice to get a letter from your regular doctor explaining how your disease is controlled and how your life is affected including how your illness impacts your ability to work, if at all.
If your green card application is denied for health-related reasons: You can apply for a waiver of inadmissibility .
What Should I Bring To My Exam
Having all of your documents ready before your appointment can help the medical exam go smoothly. Heres what youll need to bring with you:
- Your immunization or vaccination records
- A copy of your medical history
- Copies of any previous chest X-rays, if any
- A letter from your regular doctor outlining the treatment plan for any health problems you have
- A government-issued photo ID, such as your passport, state ID, drivers license, travel permit, or work permit
- Payment for the medical exam fee
- Your health insurance card, if any
You must also bring an additional document, depending on where youre applying from:
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What Vaccines Will I Be Expected To Get In Order To Complete My I
- Pneumococcal disease
As more vaccines are created, other diseases may be added to this list. Not everyone will receive all vaccines. Currently babies are only given certain vaccines. Also, you will only be given the vaccines as you are applying for the green card. For a current list of vaccines that are considered age-appropriate, you can go to this link in USCIS. If you have age or medical concerns about vaccines you can contact an immigration lawyer and apply for a blanket waiver for medical or age reasons.
Hiv Travel Ban Lifted: What Does This Mean
After January 04, 2010, HIV+ individuals could freely enter the US in visitor or temporary worker status, as may those seeking Lawful Permanent Residence. However, HIV+ individuals seeking a Green Card may face inadmissibility issues based on public charge grounds. Although the medical examination no longer requires an HIV test, the physician may ask questions about overall health that could suggest that an applicant is HIV+. US immigration and consular officers may also take health into consideration when determining public charge issues. If they make a public charge determination, the applicant could be inadmissible to the US. In that case, they would need to a waiver of the public charge finding.
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Hiv Status As The Basis For Asylum
The Board of Immigration Appeals has held that HIV status can be the basis for receiving asylum in the United States. It can also be the exception an asylum seeker designates as the reason for failing to file for asylum within the 1-year deadline. No appeals court has reached this decision or required officers or judges to provide asylum on the basis of HIV-related persecution. However, asylum has been granted to many applicants claiming persecution based on being both gay and HIV-positive.
An asylum seeker must show fear of persecution in a country of origin based on HIV status. Simple hardship is not enough. For example, it is not enough to show that you come from an economically impoverished country and therefore cannot access HIV medications. Rather, you will need to show that you fear being mistreated due to the stigma surrounding HIV in your home country.
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How Do I Find A Doctor For My I
Your family doctor cannot perform this particular medical examination. There are only two types of doctors who can perform the medical exam, and the right one for your situation depends on where youre applying from:
- If youre applying from within the United States, you will see a civil surgeon designated by U.S. Citizenship and Immigration Services .
- If youre applying from abroad, you will see a panel physician authorized by the U.S. Department of State.
When choosing a doctor, make sure to ask about fees and the doctors availability. Fees for civil surgeons vary wildly.
To find a designated civil surgeon United States Citizenship and Immigration Services to do the I-693, click this link to find a doctor now. You can also call the USCIS National Customer Service Center at 800-375-5283.
What About Sponsors Of Green Card Applicants
Separate from the actions described above, in May 2019, the White House issued a presidential memorandum directing a dozen Cabinet secretaries to step up punitive actions against U.S. citizens and permanent residents if their sponsored immigrant family members receive public benefits such as food stamps or Medicaid.
For more than two decades, U.S. law has required that in order to sponsor a family member for a green card, a U.S. citizen or permanent resident must sign an affidavit of support, which is essentially a contract with the federal government promising to maintain the sponsored immigrants household income at no less than 125% of the federal poverty guidelines. If the immigrant ends up using certain public benefits before becoming a U.S. citizen, then the government has the right to recover the cash value of those benefits from the sponsor. Until now, however, there have been few such recovery actions by the government.
By directing several federal agencies to vigorously pursue any possible recovery action, the White House order caused concern among family-based green card sponsors. Its important to remember, however, that relatively few green card holders are eligible for public benefits in the first place, and therefore most green card sponsors were unlikely to be harmed by this order.
To stay up to date on changes throughout the U.S. immigration system, follow Boundless on or .
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