Disclosure of HIV status and being a public charge

[Boiler 45,434]

OP is applying for presumably an EB3 and her job will come with Insurance.

[JessicaBlims 1]

Back to the question

would it be necessary for an inidividual to disclose hiv status on Medical background check and run through? ( if hiv testing is no longer to be facilitated) but the MD might still run some questions do you have current medical condition like hiv/aids? What would be his /her appropriate answer?

[Boiler 45,434]

The truth.

[JessicaBlims 1]

8 hours ago, Carla V said:

Not an expert, but you should definitely disclose it, more if it’s not longer a disease that would cause a denial in your process ... also, you have to consider the cost of your prescriptions in the US... if you don’t have insurance and sometimes even with insurance the cost of the meds is so expensive...

When you are migrating is normal that some people, if not all, to be checked in the port of entry so they would probably see your meds... check first the number of pills you can bring and mostly if you can bring them into the country (TSA page have some info about it, if not, call the info number or even FDA?!? ) there are prescription medicines you cannot bring to the US at all and others for what you need a prescription and other paperwork. 

 

In my opinion, don’t risk your health without informing you first on how the employment, insurance, cost of treatment would be in the US... if your condition is controlled that well it’s not worth to put that in jeopardy... 

 

but as I said, check if you would have insurance in your job, check if you would have to buy the meds by yourself, the cost per month...

 

And last, if you will work in a patient care environment (hopefully someone with real knowledge correct me if i’m wrong) I believe you need to disclose it to your employers depending on the laws of the state you are going to work... Check that part beforehand... 

Should it be disclosed if not being asked? Or should he/she initiavely tell the MD even not being asked?

Edited January 20, 2019 by Bailey123

[geowrian 22,337]

1 hour ago, Bailey123 said:

Should it be disclosed if not being asked? Or should he/she initiavely tell the MD even not being asked?

No need to disclose if not asked.

If asked something, that question must be answered truthfully (misrepresentation is a lifetime bar!). It won't be an issue for the visa either way.

[mimi11 2]

You disclose if asked. HIV is not part of the diseases they ask. 

My cousin applied and they approved his. They are more concerned of communicable diseases such as TB, Measles, Ebola etc

[CEE53147 559]

5 hours ago, Boiler said:

OP is applying for presumably an EB3 and her job will come with Insurance.

 

 

Not necessarily.  It all depends on the size of the business.

[andrews2015 1]

Hello mimi11, is your cousin on employment based category? Do you know the offered salary? Mine is around $40,000 (annual)only and my worry is that they might think this is low considering the treatment cost in the US. 

[JessicaBlims 1]

30 minutes ago, mimi11 said:

You disclose if asked. HIV is not part of the diseases they ask. 

My cousin applied and they approved his. They are more concerned of communicable diseases such as TB, Measles, Ebola etc

Hmmmmm generally i dont know if the Panel Physician would skip asking OP if he or she has any chronic condition and taking any regular medications on the medical history taking.  

Did the Physician ask your cousin about his/her chronic med history? And did he/she disclose hiv status?

[JessicaBlims 1]

16 minutes ago, CEE53147 said:

 

 

Not necessarily.  It all depends on the size of the business.

With that being said, is it good to validate with the employer if they will be providing insurance?

i guess that way OP will be ready if ever consulate will be asking about insurance coverage once he/she landed in the US?

[CEE53147 559]

7 hours ago, JessicaBlims said:

With that being said, is it good to validate with the employer if they will be providing insurance?

i guess that way OP will be ready if ever consulate will be asking about insurance coverage once he/she landed in the US?

Even if the employer offers insurance, the employee often must contribute to the cost of the insurance as well as deductibles and copays.  OP should investigate the costs on the marketplace.  A larger cost than doctors visits is likely to be that of drugs; whether the drugs are on the plan formulary is a big issue.  Just because one gets a job offer in the US does not necessarily mean that it is a good idea to take it. 

 

Remember too, OP, if you have to take a lot of time off for health care, this can be a major issue with maintaining employment.  Many companies limit "sick leave" and "paid time off".  One place I worked gave 3 days PER YEAR of sick leave before you had to take disability (a major hassle); after that it was out of vacation and if you ran out, you could be terminated for cause.  If you were out more than 3 days, you needed a doctor's note to return to work.  There are no uniform policies dictated by law in my state; I am not familiar with what might be available elsewhere. 

[carmel34 3,620]

Good advice to know everything about income and costs of insurance and drugs in the US before you move here.  Every job has different coverage with various plans and different costs associated with everything.  It can be very complicated to understand it all if coming from outside the US where most have government controlled health care for all.  It also depends on where someone lives in the US.  Here in San Francisco there are lots of free clinics for example that treat HIV, so do research before moving as in some places it could be a big expense.

[JessicaBlims 1]

5 hours ago, CEE53147 said:

Even if the employer offers insurance, the employee often must contribute to the cost of the insurance as well as deductibles and copays.  OP should investigate the costs on the marketplace.  A larger cost than doctors visits is likely to be that of drugs; whether the drugs are on the plan formulary is a big issue.  Just because one gets a job offer in the US does not necessarily mean that it is a good idea to take it. 

 

Remember too, OP, if you have to take a lot of time off for health care, this can be a major issue with maintaining employment.  Many companies limit "sick leave" and "paid time off".  One place I worked gave 3 days PER YEAR of sick leave before you had to take disability (a major hassle); after that it was out of vacation and if you ran out, you could be terminated for cause.  If you were out more than 3 days, you needed a doctor's note to return to work.  There are no uniform policies dictated by law in my state; I am not familiar with what might be available elsewhere. 

 Per other blogs they say CO will take into consideration some things about the OP when determining if OP would be a public charge in the future: age, health,family status, resources/ assests, skills/ education. As affidavit of support ( still a good and positive factor) but  is no longer sufficient on its own to refute public charge inadmissibility.

 

what do we need to recommend OP to be ready for , would the CO asked certain measures regarding age, health,family status, resources/ assests, skills/ education to determine if he/she will be candidate for a future public charge? 

If yes, then how to answer the CO regarding this matters?

[JessicaBlims 1]

4 hours ago, carmel34 said:

Good advice to know everything about income and costs of insurance and drugs in the US before you move here.  Every job has different coverage with various plans and different costs associated with everything.  It can be very complicated to understand it all if coming from outside the US where most have government controlled health care for all.  It also depends on where someone lives in the US.  Here in San Francisco there are lots of free clinics for example that treat HIV, so do research before moving as in some places it could be a big expense.

 Can this possibly answered to the CO during the actual consulate interview if ever CO ask OP regarding his/ her resources.

 

What other recommendations should we provide to an OP so he can easily or somehow convince CO that he/she wont be a future public charge considering the factors of age, health, familty status ,income/resources and skills/education while on consular interview?

 

or do we think CO wont be questioning OP on this factors but will soley consider his (CO)own evaluation based on his assessment without questioning OP regarding this factors to consider?

[geowrian 22,337]

31 minutes ago, JessicaBlims said:

 Per other blogs they say CO will take into consideration some things about the OP when determining if OP would be a public charge in the future: age, health,family status, resources/ assests, skills/ education. As affidavit of support ( still a good and positive factor) but  is no longer sufficient on its own to refute public charge inadmissibility.

 

what do we need to recommend OP to be ready for , would the CO asked certain measures regarding age, health,family status, resources/ assests, skills/ education to determine if he/she will be candidate for a future public charge? 

If yes, then how to answer the CO regarding this matters?

Yes, the CO looks at a totality of the circumstances to assess the public charge issue. This does include health. But if they are a working-age individual with a work history and/or they have a sponsor that meets that criteria that can cover those costs or add them to the insurance plan, insurance would presumably negate much of this.

The times when it does tend to become an issue is when somebody is sponsoring a parent. Since they won't qualify for most public aid and would need to pay out of pocket or obtain their own insurance (usually in the $1000+/month area) for at least 5 years, this becomes a larger concern. Quite a number of social welfare programs are based upon what you contributed and they will not have contribute enough to ever qualify for those programs.

 

None of this appears to apply to the OP's case, so I wouldn't be concerned.