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ความคิดเห็นที่ 12

จริงๆแล้วจะว่าไม่ได้ก็ไม่เสมอไปนะครับ ผู้มีเชื้อ HIV positve สามารถที่ทํา waiver ส่งให้ USCIS พิจารณา โดยจะมีฟอร์มให้กรอกและส่งหลักฐานต่างๆสนับสนุนในการขอ waiver ครับ มันจะยุ่งยากหน่อยแต่ว่าถ้าสามารถหาเหตุผลหักล้างว่าเราจะไม่เป็นภาระหลังจากการได้รับวีซ่าแล้วก็น่าจะผ่านนะครับ case แบบนี้ควรใช้ทนายดีที่สุดครับ

Immigration and HIV - What are your rights?

Immigrant Visas

A. If I am HIV positive, am I able to obtain my green card to live and work in the United States permanently?

The United States laws specifically bar persons who are HIV positive from obtaining green cards to live and work in the United States permanently. Like with non-Immigrant visas, however, waivers are available in certain circumstances which would permit a person who is HIV positive to obtain his or her green card.

B. Under what circumstances can a person obtain their green card to live in the United States permanently?

A person can obtain his or her green card in four main ways in the United States: (1) through the diversity lottery; (2) through an employment relationship; (3) through a family relationship; and (4) by entering the United States as a refugee or obtaining political asylum after a person has entered the United States.

C. Under what circumstances will I qualify for a waiver of my HIV positive status?

A person who is HIV positive will only qualify for a waiver if that person is able to establish (1) that he or she is the parent of a United States citizen or green card holder, (2) that he or she is the unmarried child of a United States citizen or green card holder, or (3) that he or she is the opposite-sex spouse of a United States citizen or green card holder.

For asylees and refugees, a waiver can be granted for humanitarian reasons in addition to the above-listed family relationship.

D. What if an employer in the United States wants to hire me for a job in the United States, but I am HIV positive and I have no relatives who are United States citizens or green card holders?

Unfortunately, the current law does not provide a waiver for you. Therefore, you application for a green card would be denied.

E. If I have a relative who is a United States citizen or green card holder, what must I prove in order to qualify for the waiver?

Generally, a few forms will have to be completed on your behalf by you, your doctor, and the local health department. (The forms are slightly different if you are filing for a green card based upon having entered as a refugee or if you are filing for a green card based upon obtaining political asylum after entering the United States. You should consult an attorney to make sure you have the correct forms). In addition to the completion of the forms, you will have to prove the following three points:

1. The danger to the public health of the United States is minimal if you are approved for your green card;

2. The possibility of the spread of the infection created by you obtaining your green card is minimal; and

3. There will be no cost incurred by any level of government agency of the United States without the prior consent of that agency.

F. How can I prove these three points in order to qualify for a waiver?

1. In order to prove that the danger to the public health is minimal and the spread of the infection is minimal, you will generally want to show evidence of the following points:

a. Evidence that you have arranged for medical treatment in the United States;

b. Evidence that you are aware of the nature and severity of the disease;

c. Evidence of counseling;

d. Evidence of your willingness to attend educational seminars and counseling sessions; and

e. Evidence of your knowledge of the modes of transmission of the disease.

In order to show evidence of these points, you will want to have a combination of letters from your doctor, any person from whom you have received counseling (if any), a case worker (such as your case worker with the Columbus AIDS Task Force), and an affidavit from you.

2. In order to prove that no cost will be incurred by any level of governmental agency of the United States without the prior consent of that agency, you will generally want to show evidence of any of the following:

a. Evidence of private insurance;

b. Evidence of personal financial resources;

c. Proof that a hospital, research organization or other type of facility will provide you with treatment at no cost;

d. Letter from a governmental agency stating that they are aware of your HIV positive status and have consented to pay for that treatment; or

e. Any other evidence that you may have to show that the government will not have to pay for your medical treatment.

G. What if I entered the United States as a refugee or I received political asylum after I entered the United States. When I am ready to file for a green card, do I still have to file for a waiver?

Yes. You still must file for a wavier, but there are a few differences that must be noted:

1. As noted above, the forms for an HIV waiver for asylees and refugees are different than the general waiver form. Make sure you consult with a lawyer in order to fill out the correct forms.

2. In addition to family relationships, refugees and asylees filing for green cards may file a waiver if “humanitarian reasons” exist to approve the waiver.

3. If you are filing for a green card as a refugee, you do not have to prove the third part of the waiver, meaning that you do not have to prove that no cost will be incurred by any level of governmental agency of the United States without the prior consent of that agency. Asylees, however, still must prove the third part of the waiver.

จากคุณ : Archawa - [ 1 ต.ค. 50 13:02:32 ]