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ResourcesVisa & Immigration LawUS Immigration LawIs Having HIV Grounds for Denying a US Visa Application?

Is Having HIV Grounds for Denying a US Visa Application?

Transcript of the above video:

As the title of this video suggests we are going to be discussing HIV infection in the context of a US Visa application. 

What are we talking about here? Well under the old law in the United States or the un-amended law as I should say, of the Immigration Nationality Act, there was a time when HIV infection was grounds for denial of a visa application to the USA in an immigrant and a non-immigrant context. It was very unfortunate, but basically such denials were made on the grounds that HIV is a communicable disease and it was a Public Health and Safety policy decision with respect to making that a grounds of inadmissibility. 

In recent years that has changed. HIV has been removed from the list of communicable diseases that are grounds for inadmissibility to the United States and as of the time of this filming at least, HIV is no longer in and of itself a grounds for denial of a visa application. That being said, having HIV, an applicant, especially one who in an immigrant context, married to an American citizen or the fiancée of an American citizen, HIV infection can be somewhat problematic from the standpoint of public charge issues associated with the I-864 Affidavit of Support, or the I-134 Affidavit of Support in a K-1 fiancée visa context. So what are we talking about? Well at the time one applies for a visa to the United States, let's say I am going to keep this specifically and narrowly in the context of spouses and fiancées of US citizens, those who have HIV, they have to show or the American citizen needs to show or the lawful permanent resident needs to show that they have sufficient resources to support their spouse or fiancée in the United States and basically deal with the medical care associated with HIV infection. Now in certain cases that might be relatively easy especially where HIV has been gotten under control so much that the infection doesn't even show itself in a screening for HIV, but that being said it is cause for concern with respect to the Affidavit of Support issues and public charge issues, so while HIV is not in and of itself directly a grounds of inadmissibility anymore, and will not be used as an automatic grounds for denial and thereafter you have to go and seek an I-601 waiver in order to overcome that ground of inadmissibility and for information about I-601 waivers there are other videos on this channel which discuss them in more detail.

The thing to take away from this video though is, HIV is not grounds for denial and cause for subsequent remedy through an I-601 but in a way it sort of raises the threshold with respect to evidence of financial support because the American citizen or lawful permanent resident needs to go ahead and show they have the means or perhaps the insurance benefits etc. to go ahead and take care of their intending spouse's medical care when in the United States.