HIV is classified by the Department of Health and Human Services as a "communicable disease of public health significance," making those who are not U.S. citizens or permanent residents inadmissible to the U.S.
One applying for legal permanent residence in the U.S. must undergo and submit a medical exam, which includes a test for HIV. Those who are HIV-positive must file a waiver of inadmissibility, and only those who have certain qualifying relatives and meet other criteria, such as demonstrating that the U.S. government will not have to pay for the costs of medical treatment, may be able to obtain a waiver. Those who are granted asylum or refugee status do not have to have a qualifying relative. Those whose waivers are denied may be placed in removal (deportation) proceedings.
Even those wishing to come to the U.S. as non-immigrants (temporary visitors, such as tourist and students) can have their visa applications denied if the U.S. government learns of their HIV positive status.
Katine Nechman McLaurin Can Help You with HIV-Related Immigration Matters
The attorneys at Katine Nechman McLaurin in Houston, Texas have extensive experience with HIV-related matters. Attorney John Nechman has worked on HIV-related immigration matters since 1999 and teaches a course on HIV and the Law at South Texas College of Law and the University of Houston Law Center.
If you have HIV and are unsure of how U.S. immigration laws may impact you, please contact Katine Nechman McLaurin LLP to arrange a confidential consultation with an attorney.