AEGiS-APPJ: On the Positive Side: Using a Foreign National's HIV-Positive Status in Support of an Application to Remain in the United States

Important note: Information in this article was accurate in 2004. The state of the art may have changed since the publication date.

On the Positive Side: Using a Foreign National's HIV-Positive Status in Support of an Application to Remain in the United States

AIDS & Public Policy Journal 19, no. 1/2 (Spring/Summer 2004) 45-53
Victoria Neilson

Since 1987, the United States has maintained a restrictionist and discriminatory policy toward foreign nationals who are HIV positive. This policy can only be waived in limited circumstances. In most instances, testing positive for HIV makes it difficult or impossible for a foreign national to visit or obtain permanent residence in the United States. This article discusses two unusual cases where, in direct contrast to general immigration policy, a foreign national's HIV-positive status actually helped the individual to obtain lawful immigration status in the United States. The first part of this article describes the parameters of immigration law as it applies to HIV-positive individuals. The second part focuses on two cases in which two immigration judges granted legal status to foreign nationals because of their HIV-positive status. Finally, part three calls for a change in the law to allow a greater number of foreign nationals, whose lives would be in jeopardy if they returned to their home countries, to remain lawfully in the United States, where they can obtain lifesaving medical treatment and become productive members of society.
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