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What should i do?
Sep 21, 2008

Hi, i was tested hiv positive on decemer 2005, i came to this country with student visa, and last year i changed for H1B visa, my question if there anyway to get my residence if i'm positive, i had been in this coutnry for 6 years always with legal status,but now i'm even afraid to go aut of the country to get my passport stamped with my visa, please i really aprecciate any advice.

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   Response from Ms. Gabriel

This is a complicated issue. In order to gain Lawful Permanent Resident (LPR) status an HIV test is required. Those who test positive will be denied LPR status unless they are granted a waiver. It is important that you speak with an immigration advocate or lawyer regarding the likelihood of your being granted a waiver. The fact that you have had legal status for 6 years will also impact your situation. Because the law states that being HIV positive is grounds for "inadmissibility" you should also speak with an immigration advocate before leaving the U.S. for any period of time. You can find more information and resources at the National Immigration Project of the National Lawyers Guild (http://www.nationalimmigrationproject.org/)

Good luck!

Lynne Gabriel



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