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ResourcesVisa & Immigration LawUS Immigration LawHow Does HIV Infection Impact an Applicant for a US Marriage Visa?

How Does HIV Infection Impact an Applicant for a US Marriage Visa?

Transcript of the above video:

As the title of this video suggests, we are discussing HIV infection and the US Marriage Visas; so we're talking about K-3 Visas, CR-1 Visas and IR-1 Visas for the spouse of an American citizen.  

HIV is a real issue or was in the past. It was a substantial issue as it was in and of itself a legal ground of inadmissibility. As of the time of this video though, that is no longer the case. A few years ago that was changed. It is not considered a ground of inadmissibility but an individual, a foreign applicant seeking a marriage visa to the United States will be placed under heightened scrutiny with respect to the American petitioner's Affidavit of Support. What are we talking about here? Well we are talking about that individual has an HIV infection and that is not in and of itself grounds for keeping that individual from going United States. So a Visa will not be denied strictly on those grounds.  That being said, heightened scrutiny will be applied to whether or not the American petitioner can go ahead and financially support that individual and can basically bear the mantle of the increased expenses, expansion of time and resources associated with their HIV partner living in the United States.  So what it does is it essentially changes the complexion of the analysis of the Affidavit of Support rather than acting in and of itself as a grounds for finding that individual inadmissible to the United States. So Affidavit of Support issues become increasingly problematic with respect to HIV cases. 

That being said, in those cases where resources can be shown either by the petitioner, or the couple together, with respect to an ability to go ahead and support themselves and maintain a proper course of treatment with respect to HIV, it may be possible to go ahead and get a visa issued under those circumstances.