Call today to schedule your immigration consultation 954-385-0157 or email: BAlvarado@Blandon-Law.com.

Blandon Law Immigration

Monday, December 14, 2009

HIV & Waiver for Health Issues


     Since immigration law was in its infancy, foreign nationals have been excluded from the U.S. for mental and physical disorders.  The words used were not kind: imbecile, idiot, mental retardation.  Fortunately, those words are gone from the law now.  What is best, foreigners cannot be excluded from the U.S. just because they have a disorder.  There must be a disorder and behavior that would pose a threat to the safety or welfare of the people of this country.  If the disorder exists, but the dangerous behavior is in the past, then the foreigner will be excluded only if the behavior is likely to recur.  A foreign national can also apply for a waiver of most kinds of health-related reasons for inadmissibility.
     Until recently, if a foreign national with HIV applied for an immigrant visa or for residency (adjustment of status), s/he had to file a separate waiver and wait for clearance from the Center for Disease Control.  Now, because HIV is no longer on the list of communicable diseases of public health significance, a waiver is not needed.  HIV testing will also not be part of immigration-related medical exams.

General Frequently Asked Questions

Call today to schedule your immigration consultation

954-385-0157 or email: blandonappts@aol.com