[abc78216]

I would like to know if there's someone out there who has HIV+ during the process of applying green card. Is the chance zero? or there's a way to obtain a green card? I dont have relative in US, I'm applying the green card through employment and I have come to the last stage by using EB2 process. However, I have diagnosed HIV+...please help.

[Mr. Knowitall]

This is covered by statute:

(4) Applicants who filed for temporary resident status prior to December 1, 1987, are required to submit the results of a serologic test for HIV virus on Form I - 693, "Medical Examination of Aliens Seeking Adjustment of Status", completed by a designated civil surgeon, unless the serologic test for HIV was performed and the results were submitted on Form I - 693 when the applicant filed for temporary resident status. Applicants who did submit an I - 693 reflecting a serologic test for HIV was performed pri or to December 1, 1987, must submit evidence of this fact when filing the I - 698 application in order to be relieved from the requirement of submitting another I - 693. If such evidence is not available, applicants may note on their I - 698 application their prior submission of the results of the serologic test for HIV. This information shall then be verified at the Regional Processing Facility. Applicants having to submit an I - 693 pursuant to this section are not required to have a complete medical exam ination. All HIV-positive applicants shall be advised that a waiver of the ground of excludability under section 212(a)(6) of the Act is available and shall be provided the opportunity to apply for the waiver. To be eligible for the waiver, the applicant must establish that:

(i) The danger to the public health of the United States created by the alien's admission to the United States is minimal,

(ii) The possibility of the spread of the infection created by the alien's admission to the United States is minimal, and

(iii) There will be no cost incurred by any government agency without prior consent of that agency. Provided these criteria are met, the waiver may be granted only for humanitarian purposes, to assure family unity, or when the granting of such a waiver is in the public interest in accordance with § 245a.3(g)(2) of this chapter.