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HIV or AIDS can't keep me from getting a green card
Apr 13, 2013

I have HIV. I have been working in USA for about 3 years now (L-1 Visa) and i would like to apply for a Green Card. My question is: Testing HIV positive or having AIDS is a bar to getting a green card???

Like always, "Thanks again for all the help and support, we extremely appreciated".

Response from Ms. Douaihy

Dear writer,

Thank you for writing in. Your HIV status alone does not bar you from getting a green card! But it is important to know that your HIV status (like any medical condition) may play a role when you apply for a green card. This is because United States immigration policy disfavors those likely to become a "public charge."

According to the United States Citizenship and Immigration Services ("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." So for those who are HIV positive and poor, the government may look at your specific need to receive means-tested benefits like welfare, Medicaid (health insurance for the poor) and other public benefits. However government funded Medicaid (other than support for long-term institutional care) does not automatically render one a "public charge.

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!

Immigration requirements



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