Integrity Legal

2nd July 2009

A Legal Ground of Inadmissibility is a provision created by Congress that bars certain immigrants from entering the United States of America. If a prospective immigrant is found to have certain types of communicable disease then they will be barred from entering the United States without first obtaining a Waiver of Inadmissibility.

Waivers of inadmissibility for those infected with Human immunodeficiency virus (HIV) are different than some other legal grounds of inadmissibility because the burden of proof is not the same. In order to obtain a normal I-601 waiver of inadmissibility in most cases the US Citizen or lawful permanent resident petitioner must show that failure to grant the waiver would result in an “extreme hardship,” for him or her. In the case of an HIV waiver, a showing of “extreme hardship” is unnecessary. Instead, one must show that the immigrant with HIV will not become a ward of the United States. Much like the I-864 affidavit of support for Immigrant visas or the I-134 affidavit of support for a fiance visa, the petitioner must show that the beneficiary will not become a “public charge.”

Recently, President Obama has made it clear that he intends to put the wheels in motion to have legislation passed that would repeal the provisions making those with HIV inadmissible to the United States. Obama was recently quoted as saying,

“The rationale for maintaining HIV infection as an excludable condition is no longer valid based on current medical and scientific knowledge and public health practice, and experience which has informed us on the characteristics of the virus, the modes of transmission of HIV, and the effective interventions to prevent further spread of the virus… My administration is committed to rescinding the discriminatory ban on entry to the United States based on HIV status. The Office of Management and Budget just concluded a review of a proposal to repeal this entry ban, which is a first and very big step towards ending this policy.”

Obama has made many recent statements regarding Comprehensive Immigration Reform and the Defense of Marriage Act. If Obama fulfills his campaign promises regarding these issues it will have tremendous ramifications on United States Immigration law. The push to have HIV taken off of the list of communicable disease has its opponents, but it is probable that legislation that would allow those with HIV to enter the USA, without a waiver, will be passed sometime in the next one to two years.

For more information about US Family Visas from Thailand Please see: US Immigration lawyer Thailand or K-1 visa

(Nothing contined herein should be mistaken for legal advice as it is intended for the purpose of education only. No lawyer-client relationship is to be implied to exist between the author and any reader of this posting.)


Tags: , , , , , , , , , ,

Leave a Reply

The hiring of a lawyer is an important decision that should not be based solely on advertisement. Before you decide, ask us to send you free written information about our qualifications and experience. The information presented on this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.