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Am I deportable to Cuba because of my HIV status?
Sep 29, 2012

Hi, according to this link http://www.cdc.gov/immigrantrefugeehealth/laws-regs/hiv-ban-removal/final-rule.html

CDC removed HIV from ban list. Im a HIV positive person whose is being claimed by his sister(US citizen)and participating in the Cuban Family Reunification Program. I want to know if the US Council can denied me or find me Ineligiable for a Inmmigrant Visa. Which conditions must i requiered to not be denied or deported once i arrived US.

Sorry for my english i thank you in advance. I thank Thebody.com for the oportunity to learn about all the aspect of an VIH positive person.

Response from Ms. Douaihy

Dear Writer,

Your positive status alone cannot serve as grounds for immigration visa inadmissibility.

In your situation, it sounds like you are participating in the Cuban Family Reunification Parole (CFRP) Program." Under this program, U.S. Citizenship and Immigration Services (USCIS) offers beneficiaries of approved family-based immigrant visa petitions an opportunity to come to the United States rather than remain in Cuba to apply for lawful permanent resident status ("green card"). According to the US government, this program was created in 2007 and is meant to expedite family reunification through safe, legal, and orderly channels of migration to the United States and to discourage dangerous and irregular maritime migration. Importantly, the determination to parole a particular Cuban national is a case-by-case, discretionary determination.

In your case, it is also important to know that HIV status still may play a role if you are approved for this program and ultimately apply for a green card/citizenship. This is because immigration policy disfavors those likely to become a "public charge." According to USCIS, a public charge is "an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense." Government funded Medicaid (other than support for long-term institutional care) does not automatically render one a "public charge". So while the sole fact of your HIV status will not render you inadmissible, there are ways in which your overall health and "public charge" analysis will be looked at. To read more on the factors immigration officials take into consideration in assessing "public charge" determination I direct you to the USCIS website: www.uscis.gov.

I wish you all the best!



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