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Question about immigrating to USA!
      #218623 - 12/18/06 05:33 AM

My girlfriend plans to come to the U.S. as my fiancée (I am a U.S. citizen). It is been five years now since she was diagnosed with having HIV. With in that time, she traveled many times to US as a visitor without disclosing her status Or never been asked by the immigration officer. My questions are (1) We are wondering if she should apply for HIV waiver in US or abroad. (2) What will happen when the immigration find-out she came US without wavier.

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Reged: 05/06/05
Posts: 924
Loc: Los Angeles
Re: Question about immigrating to USA! new
      #218658 - 12/18/06 03:47 PM

No one with HIV may legally enter the US or apply for citizenship. If her status is discovered, she will be deported.

A medical exam certificate is required although the requirements for a fiance medical exam are somewhat different. Seek a good immigration lawyer's advice.

HIV waivers are very seldom granted.



Life is a river.
Carpe diem.

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Re: Question about immigrating to USA! new
      #219366 - 12/21/06 10:05 AM

I would recommend an immigration lawyer, as ScottCharles says. If she were to give birth to your child (assuming you're male and a US citizen), then she could apply for the exemption. Otherwise, I'm not sure how to play this...

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