JAGottlieb

1 hour ago, jle2234 said:

The ideal is that you should not lie or hide any information during the immigration process. In your situation, your spouse's health is at risk, so you are considering hiding information. It's important to note that this is illegal, and I don't think anyone here will advise you to break the law during the immigration process. But since you are considering it, it really comes down to you and your spouse weighing risks vs. rewards for your two options.

 

If your spouse discloses their HIV+ status, the risk is that the petition for immigration will be delayed by two months.

 

If your spouse knowingly fails to disclose their HIV+ status, the potential reward is that they are granted immigration without delay; but the risks is that, if the failure to disclose is discovered, your petition could be denied and your spouse's immigration could be delayed for longer than two months.

 

I am sympathetic to your case and wish I could give you a clear answer, but no one here can make this decision for you.

 

Should your spouse choose to hide their HIV+ status, it will be a conscious decision to break immigration law and risk the petition. Will they find out? It's hard to say. You'd have to consider many factors, such as whether your spouse or others have been public regarding the HIV+ status (ex. on social media, with employers), whether your spouse has signs or symptoms that may be observed by an experienced medical professional, etc. etc. As the medical exam includes a blood draw, you and your spouse would also have to consider whether there is a legal and/or moral obligation to inform those handling your spouse's bodily fluids of the HIV+ status (if special precautions are required to protect from blood borne pathogens).

 

If I were in your position, I would sit down with my spouse and have a very serious conversation about all the options and potential outcomes. I would lean towards disclosing the HIV+ status along with the results of all the testing your spouse has had done to date, and any documentation you have showing that the two-month delay would be detrimental to your spouse's health. I would also consider having a third party call anonymously to ask about options or exceptions for individuals who are HIV+.

 

Good luck!

Thank you for your post.... That's what I am going to do at this point.  Provide all the information possible and have spouse decide what to do.  I can only assist and support.  Thanks again for your help. 

1 hour ago, jle2234 said:

I want to start by saying that I am very sympathetic to your situation.

 

At my medical exam, I was asked to list my known medical conditions twice: one on a written form, and once verbally to the doctor. So, even though your spouse will not be tested for HIV, failing to disclose their HIV+ status would be a violation that could affect the outcome of your petition. As to if or how they would find out about your spouse's failure to disclose... I'm honestly not sure. I don't know what all they look at for a potential immigrant. But I would urge you to consider how much worse off your spouse's health will be if they are unable to receive proper medical care for an indefinite amount of time due to a denied immigration petition.

 

Are you able to discuss this matter with a lawyer? I would be interested in knowing whether IR-1/CR-1 is the only route for your spouse. There are visas available for individuals requiring medical treatment in the U.S. I'm curious as to whether that would be a better option for your case, and if you could apply for AOS from there.

Thank you for your message!  Yes, the CR-1 route with a I-601a waiver is the only route for us since he was EWI at 15 years old.  Attorney started this process with us two years ago.

27 minutes ago, geowrian said:

Where he would be better treated does not matter to the physician or CO. I'm not trying to be mean, but that argument could be made for nearly any condition in many countries. They will look at the medical condition and determine the necessary action under the INA and DOS policy.

 

Whether or not they test for a specific condition does not change the truthful answer.

Because it asks about health conditions such as this. See the excerpt above.

Because they are aware of it.

 

I see what you're saying, but it's coming off as trying to find a justification/rationalization for not disclosing it, not that it's not the correct and honest/complete response.

Trying to bypass this can result in huge consequences, including a (waivable) permanent misrepresentation bar, or having any immigration benefits revoked if it is discovered later and determined to have been a material misrepresentation. Do not lie or deceive with any part of immigration, ever.

This is what I am trying to find info on though.  Where does it say that HIV has to be disclosed? I can't find this information anywhere.  All I find in the 693 directions is that "if applicant self identifies as hiv positive".  After 2010 I can't find anything saying that HIV has to be disclosed.  If they don't check for it and not required to disclose, then they couldn't hold you responsible for such.  Source below.  Sending from mobile device sorry for being short.  Thank you!

INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY

Sec. 212. [8 U.S.C. 1182]

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(1) Health-related grounds.-

(A) In general.-Any alien-

(i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance; ^1b

(ii) ¹except as provided in subparagraph (C) ^1a who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices,

(iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)-

(I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or

(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or

(iv) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible.

(B) Waiver authorized.-For provision authorizing waiver of certain clauses of subparagraph (A), see subsection (g).

(C) ¹EXCEPTION FROM IMMUNIZATION REQUIREMENT FOR ADOPTED CHILDREN 10 YEARS OF AGE OR YOUNGER.--Clause (ii) of subparagraph (A) shall not apply to a child who--

(i) is 10 years of age or younger,

(ii) is described in section subparagraph or (G) of section  101(b)(1)(F), and  ^1c

(iii) is seeking an immigrant visa as an immediate relative under section  201(b), if, prior to the admission of the child, an adoptive parent or prospective adoptive parent of the child, who has sponsored the child for admission as an immediate relative, has executed an affidavit stating that the parent is aware of the provisions of subparagraph (A)(ii) and will ensure that, within 30 days of the child's admission, or at the earliest time that is medically appropriate, the child will receive the vaccinations identified in such subparagraph.

9 hours ago, jle2234 said:

While it is daunting to risk possibly increasing your immigration process, you should consider your two options for what they are: 1) voluntarily disclosing the HIV+ status and risking an additional two months of processing, or 2) hiding the HIV+ status and risking denied immigration if the lie is discovered. Knowing that the HIV+ status will not affect the eventual immigration decision, I would suggest you avoid lying and unnecessarily threatening your case.

 

The doctor should discuss any medical conditions with your spouse at the appointment. I would advise that your spouse ask the doctor directly about whether the HIV+ disclosure will affect the case and/or processing time, and express concerns about their prognosis should a two-month delay be imposed.

 

If you do experience a two-month delay, you could request for your case to be expedited for medical reasons -- I don't know a lot about that process or if your spouse would be eligible.

Thank you so much for your reply and reading this, greatly appreciated!

There would be more severe medical consequences by staying in Mexico for 6 months.  He needs to get chemo here in the USA.  If HIV is not disclosed, how would they find out since they do not test for this anymore?  Since HIV is no longer a ban from the USA, why would it need to be disclosed?  How would this be different from someone that is HIV+ but unaware they are infected and does not get tested for such on the medical exam?  Both would be coming in to the USA as HIV+ people.  They would not be able to expedite the two months because that is how long it takes for Sputum cups to result.  We have done those twice here in the USA and its the same time frame in the USA.  We are not trying to cheat as we KNOW he is NOT TB positive based on extensive testing here in the USA.  In the bigger picture, this would be whats best for him medically to get back here ASAP for needed medication that cannot be brought to Mexico as it is done via infusion.  Hope this makes sense.  Thanks again for reading!

Merry Christmas,

Adam

36 minutes ago, Chewbacca said:

You can take a look at this page. https://www.uscis.gov/archive/archive-news/human-immunodeficiency-virus-hiv-infection-removed-cdc-list-communicable-diseases-public-health-significance

 

They mention that after 2010 HIV infection does not make an alien admissible but he still needs to disclose the information during the medical examination. 

Thank you, yes I have seen that page.... I can't find where it says it has to be disclosed on the medical exam.  My concern is they will delay two months for sputum cups. 

I understand that as of 2010 HIV is no longer a problem but I did find a area that affects a small number of consular processing applicants such as my spouse.  The instructions for I-693 for outside the USA say that when someone self identifies as HIV+, the doctor is to take 3 sputum samples for TB which take 2 months to process.  With this said, we don't want to be stuck over seas for 2 months.  We have completed numerous testing here in USA (X-Ray, CT, Lumbar Puncture, Sputum Cups).  ID doctor is confident in no TB.  Spouse has 3 months check ups due to HIV so we are not trying to evade the system in any way.  Staying over seas for two months would be of great harm to his health without access to his medication.  Do you have to disclose that you are HIV positive in your medical exam over seas?  Does anyone have any experience with this?  We will bring original CD of imaging with us (CT, Xray, MRI, etc.)  

Thank you so much for your help!

Does anyone have any expierence with being HIV and then the panel doctor asking for Sputum cups?  We are worried if we leave USA, the HIV from what I can read will require Sputum Cups for TB infection and those take 2 months to result.  Any information would be helpful!  Thank you so much!

On 11/6/2017 at 1:24 PM, dianajmartinez said:

Have you called today? Check with the NVC as I am sure they are processing dates still. My case was completed 9/20 and I figured I would call end of week to find out. 

Called on Friday and got a interview date of 1/8/18.  Call center has info before website is updated.  Website still has not updated to show info.

6 minutes ago, MrHanky said:

 

Congrats!!!

Should be smooth sailing from here.

I'm nervous lol.  Because he has HIV, I know they will do a Chest Xray.  From hospital visits, xrays have shown lung nodules but these are not TB.  We have done several sputum cups here, CT, and Spinal tap.  Doctor is confident in no TB, but not sure if medical exam in CDJ will accept doctors notes and labs from USA.  Do you know where to post for this?  I am new to this site and still can't find everything.

20 hours ago, JAGottlieb said:

Sorry didn't know about timeline, just found that section and filling mine out.  

 

So do you have an appointment already for CDJ?  Our case completed 9/13/17 and we are still waiting for a interview appointment.

Just got interview date of 1/8/18

4 hours ago, MrHanky said:

It's all in my timeline 

Sorry didn't know about timeline, just found that section and filling mine out.  

So do you have an appointment already for CDJ?  Our case completed 9/13/17 and we are still waiting for a interview appointment.

28 minutes ago, MrHanky said:

I think they already have, I picked up a Jan date that was a cancellation, and I saw February dates come and go.

Maybe there's multiple blocks available, that's possible.

 

There's another thread where someone did calculations on the dates to be scheduled and by that it should also be February

What type of visa are you applying for and when  was your case completed? 

12 minutes ago, MrHanky said:

I think they already have, I picked up a Jan date that was a cancellation, and I saw February dates come and go.

Maybe there's multiple blocks available, that's possible.

 

There's another thread where someone did calculations on the dates to be scheduled and by that it should also be February

They told me schedule will start on the 1st of the month which is tomorrow. 

2 minutes ago, MrHanky said:

Here it is.

 

 

That is for K1.  I am referring to CR1 in my post.  What that person saying is accurate in that they don't have any appointments during the month.  Their trend is that they typically schedule Mexico around the 27th of thr month to the 1st of the month.  I wouldn't expect to get scheduled outside of this window.  When is the last time you called? When I called today they told me that they are scheduling January.  From the spreadsheet on this site it looks like they are scheduling from Case completes in mid September.  Right now about a 100 day delay between CC and Interview. 

7 minutes ago, MrHanky said:

I logged into the system yesterday and there were February dates, they're all gone already.

They have not scheduled January yet.  Should happen any day now. 

3 minutes ago, MrHanky said:

Hey can you guys fill in your timelines?

That really helps other people on the site.

Mr. Hanky.  Dates are posted in my post above.  Please reread post. 

2 hours ago, MrHanky said:

I got case closed today, this is disappointing to hear.

I supposedly have an expedite at the consulate where they're supposed to send it right away but I don't think it really helps any as I still need to wait to get an interview date. 

From what I was told by NVC is that there's a limited # of appointment slots that consulate gives to NVC each month.  NVC told me they will schedule thru tomorrow for December.  No appointment by tomorrow then will be January or later.  For CDJ, it looks like the modern trend from the spreadsheet here on VJ is that CDJ will send appointment notices around the 25ish end of thr month to the first week of the next month.  For CDJ it looks like there's about a 100 day average between case complete and appointment. 

19 minutes ago, jorgeparta said:

have you have any news? 

 

I still waiting my appointment 

No update yet.  Tried to call today but closed for holiday.  It's getting close to the cut off for December so I am thinking probably January now.  My guess is less appointments due to Holidays? Government will find any reason possible to be lazy. 

We live in USA.  He is EWI from Mexico.

We have to go to CDJ in Mexico for processing.

Hello!

Filed AOS via consular processing back in January 2016.  Had i-601a approved May 2017 and sent out DS-260 to NVC.  Case was completed on 9/16/2017 but still shows at NVC on website.  When I call they say that they are awaiting appointment dates from CDJ.  Does anyone know how to see how full they are?  NVC won't even give me a estimated date for an appointment.  Thank you so much!

Adam