HIV medical waiver (I 601) what might cause denial?

[ilovemyhusband 0]

Hello, My husband is Nigerian and his medical exam tested positive for HIV. He submitted his medical waiver at the embassy and it is being forwarded to the USCIS office in Ghana Africa. We submitted evidence of medical insurance and income to pay for cost of treatment here in the U.S. and have secured a doctor who signed responsibility for his treatment and reporting to CDC and the health department signed for tracking of his medical care on the I I602 form. We sited hardship of his inability to get proper medical care in Nigeria for HIV related illness. His letter an mine showed our awareness of how his disease is transmitted, ways he can prevent infecting others and that he will present minimal risk of infecting anyone. Our letters discuss his cultural discrimination and shunning of HIV infected individuals in his country and his need to be here for family support and my willingness and our family here's willingness to take care of him throughout his illness. I am writing to see if anyone has gone through this process for HIV infection...not the other reasons for I601 waivers and how this process worked for them and were they ever denied for any reason? Please, any info will be helpful! I have searched the internet for days and only mention of denials are for other inadmissibility reasons not HIV and I'm wondering if that is a good sign that there's no discussion of denial in these cases?

Also, in a search of this site on topic of HIV i read where some UNINFORMED person wrote..."and if you have HIV then that's the end of it, you can't enter the U.S." PLEASE don't write something like this unless you have FACTS to support your statement! Isn't this site for information not assumptions? The interviewer will give the HIV positive person the waiver form at the interview and there IS hope! As of July 2008 Bush lifted the regulations with immigration services that denied immigrant admission into the U.S. due to HIV infection!!!!!!!!!!! And it is the ignorance of the public to the facts of how HIV is contracted that motivated the President to enlighten the immigration services to the myths that motivated public fear so that HIV positive foriegners are no longer discriminated against because of lack of public awareness of the risks of transmission of this disease. To be fully informed you can go to the CDC website and learn about the truth of HIV transmission. Ok, sorry I got on the soapbox about this, but that person's comment is just and example of statements made by under informed people that can cause unneeded stress to individuals already experiencing anguish and pain like you can't imagine...thanks so much for any helpful help that might assist us as we wait through this process. God bless....

[Mrs. Diaz 1]

Hello, My husband is Nigerian and his medical exam tested positive for HIV. He submitted his medical waiver at the embassy and it is being forwarded to the USCIS office in Ghana Africa. We submitted evidence of medical insurance and income to pay for cost of treatment here in the U.S. and have secured a doctor who signed responsibility for his treatment and reporting to CDC and the health department signed for tracking of his medical care on the I I602 form. We sited hardship of his inability to get proper medical care in Nigeria for HIV related illness. His letter an mine showed our awareness of how his disease is transmitted, ways he can prevent infecting others and that he will present minimal risk of infecting anyone. Our letters discuss his cultural discrimination and shunning of HIV infected individuals in his country and his need to be here for family support and my willingness and our family here's willingness to take care of him throughout his illness. I am writing to see if anyone has gone through this process for HIV infection...not the other reasons for I601 waivers and how this process worked for them and were they ever denied for any reason? Please, any info will be helpful! I have searched the internet for days and only mention of denials are for other inadmissibility reasons not HIV and I'm wondering if that is a good sign that there's no discussion of denial in these cases?

Also, in a search of this site on topic of HIV i read where some UNINFORMED person wrote..."and if you have HIV then that's the end of it, you can't enter the U.S." PLEASE don't write something like this unless you have FACTS to support your statement! Isn't this site for information not assumptions? The interviewer will give the HIV positive person the waiver form at the interview and there IS hope! As of July 2008 Bush lifted the regulations with immigration services that denied immigrant admission into the U.S. due to HIV infection!!!!!!!!!!! And it is the ignorance of the public to the facts of how HIV is contracted that motivated the President to enlighten the immigration services to the myths that motivated public fear so that HIV positive foriegners are no longer discriminated against because of lack of public awareness of the risks of transmission of this disease. To be fully informed you can go to the CDC website and learn about the truth of HIV transmission. Ok, sorry I got on the soapbox about this, but that person's comment is just and example of statements made by under informed people that can cause unneeded stress to individuals already experiencing anguish and pain like you can't imagine...thanks so much for any helpful help that might assist us as we wait through this process. God bless....

I don't know anything about immigrating on this type of waiver, I just want to wish you good luck and all the best to you! HIV infection is a serious condition and your husband do need to get good medical care. I just hope that things will run smoothly for you guys... No bumps on the road etc. I will keep you in my prayers! The love that you have for each other will make things feel a lot easier when times get hard. Never lose hope or faith in each other! Once again, good luck to you guys! :-)

[elyandmichael 0]

HI,

I just read this about CR1 Visa at....Spouse Visa

"What If the Applicant Is Ineligible for a Visa?

Certain conditions and activities may make you, the applicant, ineligible for a visa. Examples of these ineligibilities are:

Drug trafficking

Having HIV/AIDS

Overstaying a previous visa

Practicing polygamy

Advocating the overthrow of the government

Submitting fraudulent documents

The consular officer will inform you if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver procedure is. See Classes of Aliens Ineligible to Receive Visas for more information."

See the link....CR1 Visas

I hope this can help you..

God bless you

[Dakine 26]

Hello, My husband is Nigerian and his medical exam tested positive for HIV. He submitted his medical waiver at the embassy and it is being forwarded to the USCIS office in Ghana Africa. We submitted evidence of medical insurance and income to pay for cost of treatment here in the U.S. and have secured a doctor who signed responsibility for his treatment and reporting to CDC and the health department signed for tracking of his medical care on the I I602 form. We sited hardship of his inability to get proper medical care in Nigeria for HIV related illness. His letter an mine showed our awareness of how his disease is transmitted, ways he can prevent infecting others and that he will present minimal risk of infecting anyone. Our letters discuss his cultural discrimination and shunning of HIV infected individuals in his country and his need to be here for family support and my willingness and our family here's willingness to take care of him throughout his illness. I am writing to see if anyone has gone through this process for HIV infection...not the other reasons for I601 waivers and how this process worked for them and were they ever denied for any reason? Please, any info will be helpful! I have searched the internet for days and only mention of denials are for other inadmissibility reasons not HIV and I'm wondering if that is a good sign that there's no discussion of denial in these cases?

Also, in a search of this site on topic of HIV i read where some UNINFORMED person wrote..."and if you have HIV then that's the end of it, you can't enter the U.S." PLEASE don't write something like this unless you have FACTS to support your statement! Isn't this site for information not assumptions? The interviewer will give the HIV positive person the waiver form at the interview and there IS hope! As of July 2008 Bush lifted the regulations with immigration services that denied immigrant admission into the U.S. due to HIV infection!!!!!!!!!!! And it is the ignorance of the public to the facts of how HIV is contracted that motivated the President to enlighten the immigration services to the myths that motivated public fear so that HIV positive foriegners are no longer discriminated against because of lack of public awareness of the risks of transmission of this disease. To be fully informed you can go to the CDC website and learn about the truth of HIV transmission. Ok, sorry I got on the soapbox about this, but that person's comment is just and example of statements made by under informed people that can cause unneeded stress to individuals already experiencing anguish and pain like you can't imagine...thanks so much for any helpful help that might assist us as we wait through this process. God bless....

Looks like you have all the essentials for I-601 waiver approval for HIV. Hopefully you can show evidence of your ability to financially support him so he won't end up requiring public assistance.

Wish you guys the best.

[Dr. Obvious 49]

I thought it was that you had to prove undue hardship to the petitioner, not the beneficary.

[Zee Bee 61]

Good luck.

[MargotDarko 0]

I thought it was that you had to prove undue hardship to the petitioner, not the beneficary.

Me too.

I wish the OP good luck with this hard process.

[cinnamon3822 0]

Hello, i'm sorry to hear about you and your husband's problem. I'm not sure if this will help are not, but I read a post a year ago, where the couple has told he was HIV positive, he was also from Nigeria, but it turned out to be malaria parasite." Go to African Sub:Saharan and type HIV in the "enter keywords", then look for the posting by "iwantgiveup." Hopefully it will help you.

[Zayd 0]

I thought it was that you had to prove undue hardship to the petitioner, not the beneficary.

Wacken is right. Usually for a waiver to be granted, it must be proven that failure to grant the waiver causes great hardship to the petitioner. If you had applied for a humanitarian visa, proving hardship for the beneficiary would be sufficient. However for marriage and other family based visas, you need to prove hardship for you, the petitioner. There have been cases where the adjudicator fully agreed there would be great hardship on the beneficiary for a ban to remain in place, but denied the request to lift the ban anyway. That is because beneficiary hardship is in itself not a reason to lift a ban as the ban was put in place usually due to the beneficiaries own actions. You may want to consider adding such documentation to your waiver letter as it is not unlikely they will deny it in its current form.

[jhcruz18 3]

Good luck. We will pray for you. God bless always.

[ilovemyhusband 0]

I thought it was that you had to prove undue hardship to the petitioner, not the beneficary.

Wacken is right. Usually for a waiver to be granted, it must be proven that failure to grant the waiver causes great hardship to the petitioner. If you had applied for a humanitarian visa, proving hardship for the beneficiary would be sufficient. However for marriage and other family based visas, you need to prove hardship for you, the petitioner. There have been cases where the adjudicator fully agreed there would be great hardship on the beneficiary for a ban to remain in place, but denied the request to lift the ban anyway. That is because beneficiary hardship is in itself not a reason to lift a ban as the ban was put in place usually due to the beneficiaries own actions. You may want to consider adding such documentation to your waiver letter as it is not unlikely they will deny it in its current form.

I thought it was that you had to prove undue hardship to the petitioner, not the beneficary.

Wacken is right. Usually for a waiver to be granted, it must be proven that failure to grant the waiver causes great hardship to the petitioner. If you had applied for a humanitarian visa, proving hardship for the beneficiary would be sufficient. However for marriage and other family based visas, you need to prove hardship for you, the petitioner. There have been cases where the adjudicator fully agreed there would be great hardship on the beneficiary for a ban to remain in place, but denied the request to lift the ban anyway. That is because beneficiary hardship is in itself not a reason to lift a ban as the ban was put in place usually due to the beneficiaries own actions. You may want to consider adding such documentation to your waiver letter as it is not unlikely they will deny it in its current form.

I did show hardship for me to move to Nigeria as I have diabetes and would need medical care not available to me in Nigeria. The interviewer and doctor told me that the most important thing is for me to show I will care for my husband if/when he gets sick and also that I have medical plan for his care when he gets here.

[ilovemyhusband 0]

I thought it was that you had to prove undue hardship to the petitioner, not the beneficary.

Wacken is right. Usually for a waiver to be granted, it must be proven that failure to grant the waiver causes great hardship to the petitioner. If you had applied for a humanitarian visa, proving hardship for the beneficiary would be sufficient. However for marriage and other family based visas, you need to prove hardship for you, the petitioner. There have been cases where the adjudicator fully agreed there would be great hardship on the beneficiary for a ban to remain in place, but denied the request to lift the ban anyway. That is because beneficiary hardship is in itself not a reason to lift a ban as the ban was put in place usually due to the beneficiaries own actions. You may want to consider adding such documentation to your waiver letter as it is not unlikely they will deny it in its current form.

I thought it was that you had to prove undue hardship to the petitioner, not the beneficary.

Since I know others may have this issue about the proper info for the HIV medical waiver, I wanted to correct what Wacken reports here (with all due respect of course!) Having concern that nothing in the forms we filled out or instructions provided at the embassy in Lagos mentioned having to prove hardship on my part of as the US citizen- I researched the internet and found many immigration law sights that state the HIV waiver is completely different the other waivers of inadmissibility. The best site I found that states it most clearly is as follows:

What are the other requirements to be granted a waiver?

In addition to having a qualifying relative, an applicant to an HIV waiver must also:

* Demonstrate, that the danger to the public health of the United States created by his or her admission is minimal;

* Demonstrate that the possibility that the spread of the infection created by his or her admission to the United States is minimal; and

* Prove that there will be no cost incurred by any level of government agency of the United States without prior consent of that agency.

So as I stated in my original post I believe I have demonstrated all of the above and can only now pray the Lord works in the hearts of the DHS staff and they approve our waiver request!

Wacken is right. Usually for a waiver to be granted, it must be proven that failure to grant the waiver causes great hardship to the petitioner. If you had applied for a humanitarian visa, proving hardship for the beneficiary would be sufficient. However for marriage and other family based visas, you need to prove hardship for you, the petitioner. There have been cases where the adjudicator fully agreed there would be great hardship on the beneficiary for a ban to remain in place, but denied the request to lift the ban anyway. That is because beneficiary hardship is in itself not a reason to lift a ban as the ban was put in place usually due to the beneficiaries own actions. You may want to consider adding such documentation to your waiver letter as it is not unlikely they will deny it in its current form.

I did show hardship for me to move to Nigeria as I have diabetes and would need medical care not available to me in Nigeria. The interviewer and doctor told me that the most important thing is for me to show I will care for my husband if/when he gets sick and also that I have medical plan for his care when he gets here.

[It's me 1]

God bless you guys