Disclosure of HIV status and being a public charge

[andrews2015 1]

I am a nurse by profession, HIV positive and on meds with undetectable viral load and high CD4, however, my employment based petition is for a different job title with annual prevailing wage of $40,000. Now at NVC stage.  Applicants are no longer being tested for HIV. 
(1) So do I need to disclose my HIV status?
(2) If I disclose, do I become inadmissible in the concept of “public charge” due to high cost of treatment in the US?
(3) How do I overcome being a public charge in my case?
(4) If I dont’t disclose my status, will I be held at the port of entry due to bringing medications for a condition not revealed during the medical examination? 
And how many bottles of medication can I bring?
I hope someone can help me. I’ve been through a lot. I am very anxious and I don’t want to give up my American dream. 

 

[payxibka 10,044]

1 hour ago, andrews2015 said:

I am a nurse by profession, HIV positive and on meds with undetectable viral load and high CD4, however, my employment based petition is for a different job title with annual prevailing wage of $40,000. Now at NVC stage.  Applicants are no longer being tested for HIV. 
(1) So do I need to disclose my HIV status?
(2) If I disclose, do I become inadmissible in the concept of “public charge” due to high cost of treatment in the US?
(3) How do I overcome being a public charge in my case?
(4) If I dont’t disclose my status, will I be held at the port of entry due to bringing medications for a condition not revealed during the medical examination? 
And how many bottles of medication can I bring?
I hope someone can help me. I’ve been through a lot. I am very anxious and I don’t want to give up my American dream. 

 

You will go through a prior health interview at the medical and you best not keep that a secret.  HIV is off the list of communicable diseases

Edited January 19, 2019 by payxibka

[Carla V 43]

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... 

[payxibka 10,044]

Back to the original question...  As much as you want to think that the medical exam is administered to CDC/DOS standards it is not.  The OP is from the PI, and an abortion and divorce at the medical in the PI gets you a psych eval.  

[USC4SPOUSE 506]

6 minutes ago, payxibka said:

Back to the original question...  As much as you want to think that the medical exam is administered to CDC/DOS standards it is not.  The OP is from the PI, and an abortion and divorce at the medical in the PI gets you a psych eval.  

OP is already in the US. It sounds like he/she is making the right decision by leaving that country then. 

[payxibka 10,044]

5 minutes ago, USC4SPOUSE said:

OP is already in the US.

S/he is not.  and I quote "my employment based petition is for a different job title with annual prevailing wage of $40,000. Now at NVC stage."

Edited January 19, 2019 by payxibka

[Mieka91 27]

You do not have to do HIV testing, in 2010 they let go of that requirement.

[andrews2015 1]

Thank you for your responses. 

[Juaneng28 15]

6 hours ago, andrews2015 said:

I am a nurse by profession, HIV positive and on meds with undetectable viral load and high CD4, however, my employment based petition is for a different job title with annual prevailing wage of $40,000. Now at NVC stage.  Applicants are no longer being tested for HIV. 
(1) So do I need to disclose my HIV status?
(2) If I disclose, do I become inadmissible in the concept of “public charge” due to high cost of treatment in the US?
(3) How do I overcome being a public charge in my case?
(4) If I dont’t disclose my status, will I be held at the port of entry due to bringing medications for a condition not revealed during the medical examination? 
And how many bottles of medication can I bring?
I hope someone can help me. I’ve been through a lot. I am very anxious and I don’t want to give up my American dream. 

 

if you gonna do aos you will gonna have medical which will test your blood for std and herpes not sure if they can detect it.

[andrews2015 1]

If there is anyone here who has the same experience or who knows someone, please contact me. 

[Juaneng28 15]

7 minutes ago, andrews2015 said:

If there is anyone here who has the same experience or who knows someone, please contact me. 

wala ka pa sa adjustment of status?

[andrews2015 1]

3 minutes ago, Juaneng28 said:

wala ka pa sa adjustment of status?

Consular processing ako. So I will have my medical at St Luke’s. If I disclose my status, how would I prove that I will not be a public charge?

 

[geowrian 22,335]

Reminder that it is English only in the upper forums.

 

1 hour ago, andrews2015 said:

So I will have my medical at St Luke’s. If I disclose my status, how would I prove that I will not be a public charge?

A suitable sponsor would alleviate this concern, just as is the case for anybody.

If asked any questions where disclosing of your condition is necessary, you must answer honestly. It will not be a bar or held against you.

[Ryan H 3,790]

***Several off-topic and derailing posts removed; either answer the OP's question or do not post.  Further derailing posts will result in appropriate Administrative Action.***

[AstroCanada 206]

You are not actually required to disclose this.  The question of public charge is separate from the medical exam.  The public charge determination is purely based on financial sponsorship.  The medical exam is based on the questions that the panel physicians are required to ask and the list of diseases they are required to screen for.  

 

Unless specifically asked (because you shouldn't lie), I'd not bring it up.