HIV+ from lebanon and US work permit

[charlyboy]

Hello
I need to know if there is a possibility for an alien (in my case lebanese) to get a work permit in the USA if he has a job offer. i'm a highly skilled worker, with a phd in z science filed in hand.... is there any exceptions or is it simply impossible?
thank u

[sandra]

Since the introduction of highly active antiretroviral treatment (HAART) in 1996, there have been substantial reductions in deaths and hospital admission rates in the developed nations. Increasing numbers of HIV-infected people are back in work and are travelling for holiday, family or business reasons. Some countries impose regulations that restrict the travel of those known to be HIV-positive. Such regulations are not based on scientific or medical grounds and cannot be considered an efficient way to restrict the further spread of the HIV epidemic.

Currently, the USA is one of 15 countries to effectively ban HIV-positive travellers from entry (http://www.aidsnet.ch and http://www.travel.state.gov/visa). The USA legislation against HIV-positive tourists was introduced in 1987 during the HIV/AIDS pandemic by Senator Jesse Helms. It requires anybody who is HIV-infected to apply for a visa to enter the USA by personal interview at a US embassy, and it may take 3 months or longer to obtain the visa. The person's passport is endorsed to show that they may not enter without the visa, which must be renegotiated for each entry. This can cause further HIV disclosure issues on entering other countries where immigration officers may want to know why the passport holder is barred from the USA.

The Visa Waiver Program allows citizens of 27 countries, including the UK, to enter the USA without a visa for up to 90 days. Yet travellers to the USA who are HIV-positive are not eligible to travel visa-free under the Visa Waiver Program and need to apply for a visa and a waiver of ineligibility, which is granted under a few special circumstances.

The USA is a popular holiday destination among British HIV-positive patients. Case studies of HIV-positive travellers to the USA described by the Terence Higgins Trust have suggested that many patients travel without a visa and do not disclose their status on the visa form. Some individuals discontinue their antiretroviral drugs prior to travel, for fear of being searched at the airport, questioned and denied entry.

The common aim of the three studies conducted separately at three different centres at different time-points was to identify how many people living with HIV travelled to the USA, whether they were aware of the travel restrictions and the need for the waiver visa and whether they took out medical insurance, and to establish how they managed their antiretroviral medication.

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[sandra]

HIV/AIDS and Immigrants:

A Manual for HIV/AIDS Service Providers
Part Two: Understanding the Impact of HIV on Immigration Status

HIV as a Ground of Inadmissibility: How it works

Two major sets of rules prevent noncitizens from entering and/or staying in the United States: the grounds of inadmissibility and deportability. HIV is not a ground of deportability, but is a ground of inadmissibility. This means DHS can "remove" someone from the United States for HIV only if the person entered the United States without government permission. DHS cannot deport people for being HIV positive or having an AIDS diagnosis if they entered on visas or now have lawful permanent residence.

Because HIV is a ground of inadmissibility, DHS may attempt to keep HIV positive individuals who are trying to enter the country, except US citizens and most lawful permanent residents, out of the United States. This includes temporary visitors (non-immigrants) and those intending to live in the United States permanently (immigrants). Another inadmissibility ground that is a barrier for many HIV positive noncitizens is the "public charge" ground, which means that an individual will be deemed dependent upon federal benefits. (See details on public charge in Part Three). Most people applying for lawful permanent residence must show they are admissible, since DHS may deny lawful permanent residence to anyone who has HIV/AIDS, whether that person applies from another country or from inside the United States.

Rejecting Noncitizens Trying to Enter the US
Although DHS does not test people for HIV when they try to enter the United States, everyone except US citizens and lawful permanent residents must get a visa to enter legally. Noncitizens who want to immigrate permanently to the United States as lawful permanent residents must submit to a medical examination that includes an HIV antibody test. People coming to the United States for other reasons, such as study, work, or a visit, must fill out a "non-immigrant" visa application which asks: "Have you ever been afflicted with a communicable disease of public health significance?"

In immigration law, "infection with the etiologic agent for acquired immune deficiency syndrome" or AIDS is specifically listed as a "communicable disease of public health significance." Since this is a reason for keeping noncitizens from entering the United States, DHS can try to turn away anyone who answers "yes" to this question. DHS also may try to keep out individuals whom agents think may be HIV positive based on evidence, such as the person carrying AIDS medications in his or her luggage. The box on Travelers with HIV has more information on how to avoid these types of problems and what to do when they happen.

Non-immigrants
If an HIV positive noncitizen applying for a non-immigrant visa knows that HIV is a communicable disease of public health significance but checks "no" on the question about communicable diseases, DHS may deny the visa because the agency regards this as fraud. If a non-immigrant visa applicant checks "yes," or if DHS suspects the person is HIV positive, DHS will deny the visa unless the applicant asks for the special waiver for visitors. This waiver is for people visiting the United States for a short time, such as to attend a conference, to visit close relatives, or to receive medical treatment. It differs from the waivers for noncitizens seeking lawful permanent residence. Also, noncitizens with HIV are not eligible to enter the United States "visa free" under the Visa Waiver Pilot Program (VWPP), which allows citizens from designated countries to enter the United States without a visa if they meet certain requirements.

Lawful Permanent Residents
Lawful permanent residents (LPRs) who plan to travel outside the United States should be aware that all the inadmissibility grounds apply to them, including the HIV and public charge grounds, if they are gone for more than 180 days or have committed criminal acts in the US or abroad. Individuals in these categories should meet with an immigration advocate before they leave the United States. In practice, however, some immigration officials at the border may subject HIV positive lawful permanent residents to additional delays or scrutiny, even those who have left for less than 180 days or have not committed criminal acts.

Applicants for Lawful Permanent Residence
DHS requires most applicants for lawful permanent residence to undergo a medical examination, which includes an HIV antibody test. This is true whether a noncitizen is applying from another country or from inside the United States. Applicants who test HIV positive cannot become lawful permanent residents unless they get an HIV waiver. Waivers are often hard to get, and not everyone is eligible. The section on the HIV Waiver explains this process in detail. Remember that there are a few categories of applicants who are not required to submit to a medical examination at all, including applicants for cancellation of removal.

The HIV Antibody Test
DHS requires most applicants for lawful permanent residence to submit to a medical examination given by a doctor on a DHS list. The doctors on this list are called "civil surgeons" even though they are not necessarily surgeons. The medical examination consists of many tests, including an HIV antibody test. Civil surgeons start by giving applicants the Enzyme-Linked Immuno-Sorbent Assay (ELISA) HIV antibody test. If the noncitizen tests positive or indeterminate, the doctor must perform another ELISA and then the Western Blot test to confirm the applicant's HIV seropositivity. If all three tests are positive, the doctor should tell the noncitizen about the test results. Whether the doctor says anything or not, the client should ask for a copy of the HIV test results. The doctor does not give the results directly to DHS, but rather gives the noncitizen the medical results in a sealed envelope. The noncitizen must bring the sealed envelope to the interview at DHS or the US embassy. State or local laws, however, may require the doctor to report HIV positive test results to state or local health departments.

Applicants for lawful permanent residence should not wait to learn their HIV status until they have to undergo the DHS medical examination. They should request an HIV test first with a local center that provides confidential or anonymous testing, so that they can weigh the risks of continuing with their applications.

Read more...
HIV/AIDS and Immigrants: A Manual for Service Providers

[sandra]

Questions your client may ask

Can DHS remove me from the United States because I am HIV Positive?
If someone entered the United States without government permission after April 1, 1997, DHS could remove that person solely for being HIV positive. Since DHS also can remove such individuals for the much simpler reason that they entered without permission, it is more likely that this is what the agency will do. DHS may, however, try to remove someone who is HIV positive for both reasons: being HIV positive and entering without DHS permission. Other common reasons noncitizens get removed from the United States are for using fraudulent documents and for committing crimes.

It is unlikely that DHS will find out a noncitizen is HIV positive unless someone informs DHS. This is why it is very important that you find out before referring your client for services whether an agency has strict confidentiality policies and will not report HIV positive noncitizens to DHS. You can read more about this in the public benefits section on Verifying and Reporting Noncitizens to DHS. You also should counsel clients not to contact DHS before they have discussed their case with an immigration advocate.

Reassure your clients that DHS will not find out from you about their HIV status. As you know, the most important thing for them to do is to get the counseling they need about their HIV status. While they are doing that, you and an immigration advocate can help them figure out what else they need to do about their immigration status, work, and any other assistance they may need.

Can I lose my status because I am HIV positive?
Being HIV positive will not change your client's immigration status as long as she or he is in the United States. If the noncitizen tries to change immigration status, or to get a status when she or he does not have one, being HIV positive may prevent the person from getting the desired status. In many cases, it may be better for them to remain in their current status than to risk being removed from the United States when they try to get permanent residence or another status.

Noncitizens often lose their status for reasons other than being HIV positive. People with only temporary status, such as a student visa or Temporary Protected Status, will lose their status when the specified time period runs out. Lawful permanent residents may lose their status for committing crimes. DHS also may prevent some HIV positive lawful permanent residents from coming back into the United States if they leave, in limited circumstances, such as if they have been abroad for 180 days or more, or if they have committed crimes.

DHS may keep HIV positive noncitizens out of the United States, keep them from coming back in, or keep them from changing their status. It also may remove them if they entered without government permission.

Travelers With HIV
The first step for noncitizens with HIV who want to leave the United States is to find out if they need "advance parole" to get back in. They also should be aware that DHS may try to keep them from getting back in because they are HIV positive and should be prepared to assert their right to a hearing.

Although DHS does not require a medical examination for everyone trying to come into the United States, DHS officials may keep people out whom they suspect are HIV positive or have an AIDS diagnosis. DHS may stop people because they look sick or because they are carrying HIV/AIDS medication. A DHS officer may also stop someone she or he thinks is gay, lesbian, or transgendered, even though sexual orientation is no longer a ground for denying entry to the United States. Some DHS officers may use the HIV ground to harass people they think are gay or lesbian.

Most lawful permanent residents with valid Permanent Resident Cards should not be screened for admission when they come back into the United States, with a few exceptions. If a returning LPR falls into one of the exceptions, he or she should be ready to overcome the HIV and public charge grounds again. These exceptions include but are not limited to staying outside the United States for more than 180 days or having a conviction for or admitting to certain criminal acts in the US or abroad. A returning LPR facing pending criminal charges may also have problems returning. Any noncitizen in this situation should consult an experienced immigration attorney prior to leaving the US. All lawful permanent residents with HIV/AIDS should be prepared to assert their right to a hearing with an immigration judge if they are stopped by DHS when coming back into the United States. They may be detained. If detained, they may be eligible for bond and release from detention.

Read more...
HIV/AIDS and Immigrants: A Manual for Service Providers

eom

[sandra]

Know Your Rights
Immigration border agents are not supposed to make medical determinations and a noncitizen's own admission to having HIV is not sufficient proof to deny entry. The noncitizen should be paroled in for deferred inspection for admission and undergo an HIV antibody test administered by a doctor of the Public Health Service (a doctor approved by immigration.) The doctor will notify immigration of the HIV test results. DHS may detain (jail) the noncitizen during this process or give them an appointment to return.

If a noncitizen is eligible to apply for a waiver, he or she may ask immigration for the waiver. If the noncitizen is not eligible or is later denied a waiver by immigration, he or she will then go before an immigration judge.

Because of the 1996 laws reforming many immigration procedures, DHS officers now may "summarily remove" certain noncitizens entering the United States, without a hearing with an immigration judge. This procedure is called "expedited removal" and applies to those trying to enter the United States with false or no immigration documents. It does NOT apply to HIV positive noncitizens with valid visas or to lawful permanent residents. Thus a non-immigrant or visitor with valid entry documents should not be subject to summary removal. Any noncitizen wishing to challenge their expedited removal by DHS should insist on a hearing with an immigration judge. Otherwise, a DHS agent may try to convince the noncitizen to leave the United States on the next plane or bus.

Read more...
HIV/AIDS and Immigrants: A Manual for Service Providers