From 1993 until January 4, 2010, HIV was considered a ground of inadmissibility, meaning that HIV-positive foreign nationals could be denied short-term visas or applications for lawful permanent residence simply because of their HIV status. Fortunately, that discriminatory law came to an end in the beginning of 2010. HIV status can still be relevant to immigration cases, however, and Immigration Equality remains committed to working with HIV-positive foreign nationals and their families.
We are continuing to monitor any difficulties HIV-positive foreign nationals face with the implementation of the end of the HIV ban, like demanding impossible bonds or making impossible health insurance requirements of “green card” applicants.
Furthermore, HIV status can be a ground for asylum, or can be used potentially as an exception to the one year filing deadline in asylum cases. Anyone seeking information on applying for asylum based on HIV status should call our office for a legal intake.
Finally, as immigration detention grows, so do problems for LGBT and HIV-positive detainees. If you or a loved one are being denied appropriate HIV care in detention or are being mistreated in other ways, please let us know.