I-601 help

[prettylips]

I live in the us i am married to a citizen and filing I-130/I-485 ijust did the medical and found hiv+ do I have to file I-601 and how much when filed with I-485

[PraetorianXI]

Waivers for applicants seeking admission to the United States as legal immigrants (a Lawful Permanent Resident) and those applying for adjustment of status (“green card” applicants):
Identical to the restrictions HIV+ temporary travelers to the United States face, the law also prohibits HIV+ individuals from seeking admission to the United States as immigrants. Those HIV+ people already in the U.S. applying for an “adjustment of status” (in other words, filing an application with USCIS to obtain a permanent stay – a “green card” – in the U.S.) are also barred. A waiver is available which authorizes USCIS to waive the HIV ground of inadmissibility for these individuals if they meet the following criterion:

• They must be the spouse (as defined by the federal Defense of Marriage Act), unmarried son or daughter, or the minor lawfully adopted child of a U.S. Citizen or Lawful Permanent Resident; or have a son or daughter who is a U.S. citizen or a Lawful Permanent Resident; and

• The danger to the public health created by the alien’s admission is minimal; and

• The possibility of the spread of the infection created by the alien’s admission is minimal; and

• No expense will be incurred by any government agency, without the agency’s prior consent.

[PraetorianXI]

8 CFR PART 245a (4) Applicants who filed for temporary resident status prior to December 1, 1987, are required to submit the results of a serologic test for HIV virus on Form I - 693, "Medical Examination of Aliens Seeking Adjustment of Status", completed by a designated civil surgeon, unless the serologic test for HIV was performed and the results were submitted on Form I - 693 when the applicant filed for temporary resident status. Applicants who did submit an I - 693 reflecting a serologic test for HIV was performed pri or to December 1, 1987, must submit evidence of this fact when filing the I - 698 application in order to be relieved from the requirement of submitting another I - 693. If such evidence is not available, applicants may note on their I - 698 application their prior submission of the results of the serologic test for HIV. This information shall then be verified at the Regional Processing Facility. Applicants having to submit an I - 693 pursuant to this section are not required to have a complete medical exam ination. All HIV-positive applicants shall be advised that a waiver of the ground of excludability under section 212(a)(6) of the Act is available and shall be provided the opportunity to apply for the waiver. To be eligible for the waiver, the applicant must establish that:

(i) The danger to the public health of the United States created by the alien's admission to the United States is minimal,

(ii) The possibility of the spread of the infection created by the alien's admission to the United States is minimal, and

(iii) There will be no cost incurred by any government agency without prior consent of that agency. Provided these criteria are met, the waiver may be granted only for humanitarian purposes, to assure family unity, or when the granting of such a waiver is in the public interest in accordance with § 245a.3(g)(2) of this chapter.

[Misia]

I am sure your doctor counseled you on the following but I am not sure what the official rules for diagnosing HIV are. Here is what I think you should do before mailing your medical:
Usually after first HIV ELISA test is positive for HIV (or may be they did accelerated test? in 20 minutes??), HIV ELISA is repeated--so do repeat it, rearly!!! there are false positives. Then if it is positive, do Western Blott assey test. This is more accurate test and actual confirmation for HIV positive diagnoses. Before Western Blott, the HIV status is not confirmed. Make sure you do this. Again, I don't know what the rules for immigration purpuses are regardign HIV but I know the rules for TB testing readings are more strict (smaller induration is considred positive), etc.
This is not a medical advice, please seek a medical advice from your doctor.

[Misia]

I don't specialize in this, but also find out what your viral load is and your CD4count is--tells you what stage you are in and if it is indicated to start drug therepy. Make sure to get medical advice from the doctor that specialized in this as well as find out exact medical/immigration guidelines for diagnosing/confirming HIV status.
Disclaimer: This is not a medical advice, seek medical advice from your doctor.

[prettylips]

I-601 help2

When should I file I-601 before or after the AOS interview and do I have to pay for it since I will be filing it with the I-485 package

[PraetorianXI]

before, it must be approved before your interview. or your green card will not be granted.

[Joann]

Just send all the other forms and when you go for your interview you will be given the I-601 form and you will mail it to the office you will go for the interview (that is what happened to me) or you could download it and fill it out and then you go for the interview you have it all filled it. The amount for this form is $545.

The thing is that this waiver has to be approved by CDC, and then the officer who interviews you makes the final decision on your case. If you can prove that you will not be a public charge and that you understand the dangers of HIV you will be approved for adjustment of status.

Whoever who wrote to you and told you that if you don't fill the I-601 with the other forms doesn't know what they are saying. If i may ask which field office are you filling at?

Let me know if you need any more help.

NOTE:

1. You have to write a letter stating that you understand how HIV is transmitted and that you will pose a danger to anyone int his country.

2. Proof of insurance and that you have a doctor that taking care of you and that you, because he has to sign on that form and give a whole report of your progess since you reported to him/her upon being diagnoised.

3. The form also needs to be signed by the Health department of the city are are staying.

Main reason for this waiver is for you to prove to USCIS that you will be able to take care of yourself without being a public charge and that you will not go infecting people and thats why there might be a need for you to attended group meetings for HIV positive people and have the head of that group write a letter standing that you attend the meetings and that you understand all thats going one.

Above all i hope that you are seeing an infectious disease doctor, and you know all about you counts and that you are in good health.