North Brunswick, NJ asked in Immigration Law, Civil Litigation, Civil Rights and Health Care Law for New Jersey

Q: HIV positive Ayslum requested

Dear Sir/Madam

I came to the USA on 12 November 2020 from Freetown Sierra Leone . I have a bad news from when I was sick I went to the medical hospital they told me the I am HIV positive.

I have to tell the news back home to my friend and relatives but I could not bear what they told me at the Hospital.

Now have begin to get messages back home from my past relationship brother etc that I know am infected have been dating there sister etc. I told to them that now I know am infected even I don’t know if they are the once affected me.

Now theirs plans for me is purely evils and now they have spread the news in my areas etc

Now am fear to go back how.

Stigma and discrimination also is a big problem am confuse now

4 Lawyer Answers
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
Answered
  • Immigration Law Lawyer
  • Philadelphia, PA

A: Sorry to hear this. You can apply for asylum but be prepared to present a lot of evidence to back up your claim. Good luck.

Kyndra L Mulder
Kyndra L Mulder
PREMIUM
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: Political Asylum must involve either directly or indirectly treatment by the government. Sierra Leon has written anit discrimination policy on the issue of treatment towards those with known HIV or AIDS:

“Unfair discrimination” means direct or indirect unfair discrimination against anyone on one or more grounds in terms of the Constitution of the Republic of Sierra Leone, 1992. In the context of this policy, unfair discrimination may occur when an employee is treated differently due to their real or perceived HIV positive status in a way which impairs that employee’s fundamental human dignity. Discrimination is not unfair if it is based on the inherent requirements of the job.

Thus for you to have a case for political asylum you will need to show that either the government is discriminating against you either directly or indirectly.

Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Criminal Law Lawyer
  • Wheeling, IL

A: The asylum alleged ground must be presented credibly, with corroborating evidentiary support of the direct past persecution by either state or private actors of the Principal Applicant.

Raymond  Lahoud
Raymond Lahoud
Answered
  • Immigration Law Lawyer
  • Allentown, PA

A: You certainly have a possible asylum claim. You must file no later than one year from when you entered. Since you entered on November 12th, the one year deadline for asylum could be have deemed to have passed. Also, the argument can be made that the 1 year started to tick the day you went out of status. If that is accepted, then, you have to show a 1 in 10 chance that you will be persecuted on account of your diagnosis. Persecution, however, is more than mere discrimination. You need to have substantial evidence to support your claim.

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