Rightswire » Victoria Neilson

TAKE ACTION: Pressure Senators to Ask HHS Nominee Kathleen Sebelius about the HIV Ban

Victoria Neilson — Tue, 31 Mar 2009 15:24:14 +0000

Physicians for Human Rights has set up an action page asking Senator Senator Barbara Mikulski and Senator Bernie Sanders to make sure that Sebelius will make lifting the HIV immigration ban a priority if she is confirmed.

As most of you know, last summer Congress completed step one in a two step process to remove the HIV ban on travel and immigration by removing the ban from the language of the Immigration and Nationality Act. To fully remove the ban, however, the Department of Health and Human Services (HHS) must issue regulations which remove HIV from its list of “communicable diseases of public health significance.”

Please take a minute to visit the PHR page and call these Senators.

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Just Say No – to the HIV Ban

Victoria Neilson — Mon, 30 Mar 2009 17:44:00 +0000

In Korea recently, a foreign English language teacher avoided being tested for HIV under that country’s immigration laws – simply by refusing to comply with their requirements. After being in the country for three years she felt that there was no reason for the government to begin to question her health status. Rather than submit HIV test results, she handed the government official a letter which stated, `Unfortunately, I will not be submitting the HIV/ AIDS test results or the tuberculosis drug test results that you have requested. These tests unreasonably discriminate against me as a foreigner living in Korea and are a violation of my human rights.” The immigration official then renewed her visa.

Could this approach work in the United States? Probably not, unless every individual required to take an HIV test for immigration purposes refused to do so. While this article points out a novel approach to civil disobedience, it also highlights the fact that the U.S. continues to be among a small minority of countries with HIV-based restrictions for non-immigrants.

Eight months have passed since the statutory HIV ban was lifted. It’s time for the Department of Health and Human Services to issue regulations lifting the HIV ban on travel and immigration once and for all.

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The Economic Crisis Hits Binational Couples Hard

Victoria Neilson — Fri, 13 Mar 2009 15:01:50 +0000

Being in a same sex binational couple has always been an expensive proposition. From the frequent international travel necessary to not violate the terms of short-term tourist visas, to maintaining a residence abroad while paying higher tuition rates as a U.S. international student, to paying costly legal fees for those lucky enough to qualify for employment-based visas, it is expensive to maintain a relationship that the U.S. government won’t recognize.

With the current economic crisis, the situation appears to be getting even more difficult for same sex binational couples. Most foreign nationals who have succeeded in obtaining lawful status in the U.S. have done so through the arduous path of attending a U.S. university, then getting a skilled worker (H1B) visa and then eventually having their company sponsor them for lawful permanent residence.

Many of these high skilled jobs have been in the finance industry and because language in the federal bailout bill calls for preserving jobs for Americans, some financial institutions, such as Bank of America, have decided not to hire foreign workers.

It’s still too early to know the exact effect these changes in the economic climate will have on binational couples, but as one of the few avenues toward lawful permanent residence may be increasingly closed off, we have to redouble our efforts for full equality with the Uniting American Families Act.

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