Vishal Trivedi, an accredited representative in GMHC's legal department, presented issues regarding family and employment based immigration, and the HIV ground of inadmissibility, more commonly referred to as the HIV Bar.
Pursuant to INA Section 212(g)(1), an HIV positive intending immigrant must file Form I-601, Application for Waiver of Grounds of Inadmissibility, to establish the following: first, he
must show a qualifying relative (spouse, parent, or unmarried son or daughter or minor adopted child) who is a U.S. citizen or legal permanent resident, second, he
poses a minimal public health threat of the spread of the disease, and last, he
will not become a public charge or dependent on US government benefits, such as Medicaid, in order to pay for their medications.
One can demonstrate a minimal public health threat by obtaining a physician's letter, which should be filed concurrently with the Form I-601.The physician's letter should state that the HIV positive intending immigrant has received counseling and is aware of the modes of transmission of the disease.If the intending immigrant is outside the US, and has not yet received treatment or counseling in the US, it was suggested by Mr. Trivedi
to obtain a letter from a US physician which would state that the HIV positive intending immigrant, "upon entry", will immediately receive treatment and counseling, and thus poses a minimal threat to the public health.
The public charge issue, addressed on Form I-601, deals with the intending immigrant's ability to afford his
medical expenses at no cost to the US government.