HIV Information

[Marie]

With HIV only a spouse or unmarried minor child or parent is eligible for a HIV 601 waiver There are some exceptions for the K1 fiancee visa but if the beneficiary has HIV best for them to be married to the petitioner.Siblings and, other family are not eligible for the 601 HIV waiver.

Important links that explain clearly the 601 waiver issues, and procedures.

http://www.nationalimmigrationproject.org/HIVPage/2004HIVManual/index.html

http://www.lgirtf.org/template.php?pageid=200

http://data.lambdalegal.org/pdf/447.pdf (handy PDF file)

http://www.uscis.gov/files/pressrelease/KandV_HIV110204.pdf (http://uscis.gov/graphics/lawsregs/handbook/KandV_HIV110204.pdf) (updated guidelines for dealing with HIV+ immigrants...direct from USCIS)

http://www.lgirtf.org/uploadedfiles/2002%20HIV%20Immigration%20policy%20memo.pdf (LIFE MEMO from USCIS)

http://nilc.org/immspbs/health/Issue_Briefs/Immigrant-Friendly_App_Enrllmnt.PDF (info about getting care if you don't have private insurance)

http://www.nationalimmigrationproject.org/HIVPage/HIVPage.html (excellent resource. Has examples and all necessary forms to do the 601 waiver for HIV)

http://www.nationalimmigrationproject.org/HIV/HIV%20supplement.pdf (link to the 601 supplement page for HIV+ applicants)

http://www.lgirtf.org/template.php?pageid=5 (contains everything you could ever need in a well organized and presented website.)

These links should provide anyone going through this to understand the specifics in getting the 601 Waiver for HIV approved.

(This I believe is from BrentK from the old database)

[Marie]

This sticky is courtesy of Brent K.

Hi everyone,

I've been reading this board for a week or so and got some useful information from it so I thought I would share some of my own. In all the threads asking about 601 waivers for HIV there seemed to be some confusion or not knowing. As I am going through this process myself I thought I would clarify how it works.

I was married in Barbados in 2004 to a Russian woman. We both are HIV+ (haha we met in Thailand...how's that for complicated). Filed the usual suspects I-129F and I-130. Both were approved in June 2005. Had our interview in Barbados on October 6th. As we both knew she had HIV we had our 601 ready to go.

When dealing with HIV for a waiver these are the issues. The letter of hardship is nearly unimportant. Hardship is not a consideration for granting a 601 waiver for HIV. There are 3 conditions which must be met to get the waiver.
1. Does this person present a danger to the United States.
This means does the person know about HIV. How it is transmitted and how to prevent transmission.
2. Is the person aware of his/her illness and willing to undergo treatment and counseling if required.
Well any sane human being who values the little pleasures like breathing and sleeping in a bed instead of a coffin should be under proper care if they have HIV. I am going on 16 years since I found out. I like taking pills, and getting my blood drawn. Sure the pills have some side effects but they aren't as bad as being dead. A good doctor is invaluable in this area.
3. The final and hardest obstacle is the public charge clause. Specifically some form of proof that the immigrant will not become a public charge and has the means and resources to pay for their own medical care. The dollar amount often used as a ''cost of caring for an HIV+ person medically is $85,000".
The only sure bet here is to have private health insurance. There are other ways to try to convince them but private health insurance is to a HIV 601 what a well written hardship letter is to the other causes for a 601.

There is a supplemental page for HIV similar to the tuberculosis supplement. You have to have a doctor, clinic or public agency sign the form agreeing they will treat the patient and file a confirmation report with the CDC that she was seen within 30 days of arriving. The form also has to be signed by the local health officer in the county of the state you are going to reside. It''s also a good idea to have the doctor write a letter saying he has reviewed her earlier labs and is ready to treat her. He also should throw in some filler about HIV being a chronic illness and with modern medicines easily treatable.

Things that are not important, or a mistake to use as a primary focus.
Trying to base the waiver on a hardship claim. They know it's a hardship. But due to the infectious nature of HIV hardship is not grounds for the waiver. It could be a factor if you meet all three conditions and they still try to deny. But I'll deal with that if I have to.
Claiming medical care is better in the US. Sure it is but is also expensive. Just because they can get good care here doesn't mean they get to come in and have the American tax payer foot the bill. And except for a few places on earth there is a minimal level of care everywhere. It won''t fly. It won't help.
Persecution is a possibility but that has to be very clear and well documented.

It's meeting the burden of the three points. With the public charge being the one most applicants fail on. If you don''t have insurance or a lot of money in the bank you can ask state agencies if they will agree to treat and provide a letter saying they accept the burden. That is acceptable. But they must agree, they can't be forced to accept the public charge.

I'll let you know how it goes. I don't know if the processing time is the same, longer or shorter. My 601 was extensive and complete and I have private health insurance for my wife. So now I just wait and see.

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When an immigrant applicant is refused fat the consulate for being HIV+ the DHS sends a notice to the petitioner asking if/she wants to rescind the application. To save time (assuming you were aware of your partners HIV status) the petitioner should put in an affidavit stating he knew about her illness. She freely disclosed it to him. And he doesn't want the petition withdrawn.
The applicant should include an affidavit promising to maintain proper medical, that they understand the causes, and implications of their illness. That they are willing to go to counseling if their doctor thinks they should.
Let me go through my stuff and I'll make pdf files of the important thingies as well as a package of the forms needed and anyone who needs them can grab it as one package.
Basically instead of trying to prove you are a good person who just made a little mistake with HIV the 601 proves you are a responsible person who won''t infect other people and can manage the necessary treatment both mentally and financially. Even though it is still a 601 the underlying issues to resolve are totally different and an HIV 601 should not be treated like a regular 601.
Hope that clarifies a bit.

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The waiver was granted and my wife entered the US on February 20th. I'd like to confirm that this process can be done successfully even though it is rare