Maggio Kattar recently successfully assisted an HIV-positive, gay man obtain permanent residence based on marriage to a U.S. citizen, after many years of being unable to come to this country. The client was initially diagnosed with HIV in 1992, shortly before his arrival to the U.S. under the ESTA visa-waiver program. At the time of his arrival, HIV became a ground of inadmissibility which would bar his reentry. He remained in the U.S. through 2010, during which time he met and began a relationship with his U.S. citizen husband, many years before marriage equality became legal. He returned twice for brief trips under ESTA, but otherwise remained in the United Kingdom where his husband had relocated. When their marriage became possible, the couple then faced an uphill battle both over the applicant’s previous overstay and whether the non-disclosure of his HIV status in the 1990s would be construed as providing false information to the U.S. government. Maggio Kattar Attorneys helped the Couple navigate these issues by analyzing decades’ worth of forms, government questionnaires, and policy guidance to formulate a path forward. As a result, the UK citizen was able to obtain his immigrant visa at a U.S. consulate without the need for a waiver of inadmissibility, saving them years of additional time outside this country. After nearly two decades together, the Couple can now able to begin their lives in the United States.
If you or your family members have complicated immigration histories, please reach out to Maggio Kattar for a consultation to understand the potential solutions.