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Victoria Neilson, On the Positive Side: Using a Foreign National's HIV-Positive Status in Support of an Application to Remain in the United States, 19 AIDS & Pub. Pol'y J. 45 (2004).
- Categories
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- Resource Type
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Research/Journal Articles
- Description
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The article's abstract explains that "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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Click here to download this document [ 388.55 kB ]
- Published
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2008-April-24
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