If I have applied for adjustment of status through a family based petition will I need a qualifying relative to apply for the HIV waiver (I-601 waiver)?
Yes. The Department of Homeland Security (DHS) has complete discretion over whether to grant HIV waiver applications. The Immigration and Nationality Act section 212(g) provides for a waiver of the HIV exclusion for clients who are eligible for lawful permanent residence and who also have a waiver-qualifying family relationship. Note that the family relationships that qualify a person for an HIV waiver are more limited than for a family based petition qualifying relative. Therefore, a person who may be otherwise eligible for family sponsored permanent residence but excludable due to his or her HIV status and ineligible for a waiver of the ground of exclusion.
Related Questions
- I have applied for an immigrant visa in the immediate relative/family/employment based preference category; can I also apply to register for the Program?
- If I have applied for adjustment of status through a family based petition will I need a qualifying relative to apply for the HIV waiver (I-601 waiver)?
- When can the family relative apply for an immigrant visa or adjustment of status to permanent resident?
