Legal Question in Immigration Law in California
Immigration Law & HIV
What is the initial step that someone should take, if they are:
1. In the country illegally
2. Became HIV+ while in the U.S.
3. Recently became married to a U.S. citizen
1 Answer from Attorneys
Re: Immigration Law & HIV
You should first of all file for your immigrant visa petition through your spouse and the adjustment of status at the same time. Eventually when your medical exam shows you are positive you will be required to file a waiver. Whether you have enough equities to win the waiver, needs to be researched and documented.I would strongly advise you to seek the assistance of counsel through this process. Even if the waiver is denied you might qualify for other relief if you are put in removal depending on the amount of time you have spent in the USA.
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