| |
 |
| |
 |
Update as of 25 April 2006
Gay Games Chicago can help you with your immigration and visa questions. Contact Mark Masaracchia, our Visa and Immigration Coordinator, at (773) 433-8033.
HIV positive participants, spectators to be welcomed into United States during the 2006 Chicago Gay Games
‘Designated Event Status’ clears U.S. entrance restrictions
A U.S. federal blanket waiver has been approved allowing non-U.S. citizens living with HIV/AIDS to travel to the United States to participate in or attend the Gay Games 2006. Read the story.
Traveling to the United States
Recent new travel
restrictions for those coming into the United States have received widespread
publicity worldwide. However, for the great majority of people coming from
other nations to Chicago for Gay Games VII, US immigration policies will
not be difficult.
You may use the following link to learn more about what documents
are required to enter the United States at http://www.travel.state.gov/visa/visa_1750.html.
You may also contact your local travel agent for information as these professionals
are accustomed to immigration policies.
There are 27 countries which participate in a Visa Waiver Program
(“V.W.P.”) which permits their respective citizens to travel between them
without the need of a Visa. In some cases a machine-readable
passport is required. For further details on which countries participate
in the V.W.P. and where a machine-readable passport is required please
visit http://www.travel.state.gov/visa/temp/without/without_1990.html.
For athletes, artists and fans who are citizens of nations where visas
are required, Chicago Games, Inc. may be compelled from time to time to
play a role in issuing letters of invitation or responding to inquiries
from local authorities or U.S. consulates regarding your pending travel
to Chicago for Gay Games VII. If you or your organization requires such
a letter or response, please contact Mark Masaracchia, our Visa and Immigration Coordinator, at (773) 433-8033.
Provide us with as many of the pertinent details as possible, and Mark
will respond.
Please be aware, however, that it can be difficult for citizens of developing
countries to obtain visas to the U.S. A letter of invitation from the Gay
Games is not a guarantee that your application for a visa will be granted.
All tourist visa applicants must overcome a “presumption of immigrant intent.”
It is up to you as a visa applicant to prove to the U.S.
consulate that your ties to your home country are so strong that you would
not be likely to remain in the U.S. in violation of your visa. This can be demonstrated by, among
other things: owning real estate, having a good job, being enrolled in
a university, having close family ties, etc.
HIV and Immigration Law
Update as of 06 February 2006
In addition to passport and visa requirements some nations have adopted
Immigration policies for those who are HIV-positive. The policies of the
United States are unfortunately restrictive.
While Chicago
Games, Inc. does not believe that these policies represent fair treatment
of those who live with HIV or AIDS. We must abide by current United States law, as
must those coming to Chicago for Gay Games VII, so we provide the information
below to help smooth the way.
In the past, the United States has granted permission to HIV-positive
foreign citizens to enter the United States under a Designated Event Status (DES) Waiver.
Gay Games IV in New York (1994) was granted such a waiver as have other
events deemed in the public interest.
Chicago Games, Inc., in cooperation
with the Federation of Gay Games, Immigration Equality (a US-based non
governmental organization that works on immigration issues of interest
to the LGBT and HIV positive communities), and local legal and HIV/AIDS
experts have worked cooperatively and successfully to secure this waiver.
Facts about HIV and Immigration
Significant portions of this Facts section of our website are reproduced
with permission of Immigration Equality, 350 West 31st Street, Suite 505,
New York NY 10001, www.immigrationequality.org
, Phone: 212.714.2904, Fax: 212.714.2973, Email: info@immigrationequality.org.
What is the HIV Ban?
-
In 1993 Congress amended the Immigration and Nationality Act to statutorily
designate HIV a “communicable disease of public health significance.”
Is there any way to enter the U.S. if a person is HIV positive?
-
YES. An HIV positive foreign national may enter the U.S. by obtaining special
permission, or a “waiver” of the HIV ban. The requirements for an HIV waiver
differ based on whether the applicant is seeking permanent admission to
the U.S. (a “green card”) or temporary permission to visit the U.S.
What are the types of waivers available for non-immigrant (Temporary) Visas?
-
Foreign nationals coming to the U.S. for the Gay Games will enter
under the “Designated Event Status” (DES) waiver.
Designated Event Waivers:
-
The Attorney General may authorize blanket waivers for all foreign nationals
seeking to enter the U.S. to participate in a “designated event,” if such
event is deemed in the public interest. The waiver is granted for a maximum
of ten (10) days.
-
In the past, international sports event (such as the Gay Games) and many
educational conferences have qualified for blanket waivers. Chicago Games,
Inc., is working to secure a Designated Event Waiver for Gay Games VII.
-
To be eligible for this blanket waiver an applicant must:
-
Seek entry only for the duration of the designated event;
-
disclose that s/he is HIV positive on her/his visa application. New Information: When seeking entry for a "designated event" you are NOT required to disclose your actual medical condition. Immigration officials are not to ask the HIV status of that person entering the USA under a "designated event" waiver. As a result, the person's HIV status will not appear on USA immigration records and affect future entries into the USA. This is the "routine" policy used in the past.
-
Standing practice is that the visa and waiver are placed on a special form
stapled into the applicant's passport so that there is no permanent record
in the passport. In addition, if the blanket waiver citation is on that
form, Inspectors at the port-of-entry are not allowed to query the person
as to their health status.
-
Although they are called “routine,” it is not that easy to obtain an HIV
waiver as a non-immigrant visitor.
For more information about the requirements for obtaining an HIV
waiver as a legal permanent resident, please see Immigration Equality’s
website, www.immigrationequality.org,
or contact Immigration Equality at info@immigrationequality.org.
Can Non-US Citizens get any medical aid from the government while in
the U.S.?
-
The only government aid that is available to foreign nationals without
permanent legal status in the U.S. is Emergency Medicaid. If you have an
acute or life-threatening injury or illness, you can visit a hospital emergency
room, and your health must be stabilized regardless of your ability to
pay.
-
Some states allow individuals with HIV to obtain HIV-related primary health
care and HIV medication through the AIDS Drug Assistance Program.
-
Chicago Games, Inc., will provide some health, safety and medical services
to Gay Games VII participants through medical professionals and with the
assistance of local LGBT/AIDS health service organizations. Contact
us at info@gaygameschicago.org
if you have specific questions.
Significant portions of this Facts section of our website are reproduced
with permission of Immigration Equality, 350 West 31st Street, Suite 505,
New York NY 10001, Phone: 212.714.2904, Fax: 212.714.2973, Email: info@immigrationequality.org.
Legal Services
Chicago Games Inc. has retained the legal services of Davidson and
Schiller, LLC a law firm which practices exclusively in the area of U.S.
Immigration Law. Davidson and Schiller will provide counsel and assist
Chicago Games Inc should issues arise with individuals who are applying
for visas or entry to the United States.
Questions about HIV and immigration law can also be directed to Immigration
Equality at info@immigrationequality.org
or 212-714-2904.
Other HIV Support
The Gay Games movement has led the world’s sporting communities in
the development of policies in support of those with HIV/AIDS. Good
examples include our Drug
Testing policy, cognizant of those taking medications for HIV, and
our policies regarding Guest Competitors in Physique and Powerlifting,
two sports where many HIV drug therapies would normally disqualify the
participant from competing. The international Federation of Gay Games
has been a leader on sports and HIV for almost 2 decades and we are proud to be their
partners working together to provide open and inclusive access to those living with AIDS/HIV. For more
information, visit www.gaygames.org.
|
| |
|
|
  Copyright 2008 Chicago Games, Inc. | All Rights Reserved | Contact Us
"Gay Games," the "Federation of Gay Games," the interlocking circles device
are registered trademarks of the Federation of Gay Games, Inc. The Gay Games VII logo
and its figures are copyrighted images of the Federation of Gay Games, Inc.
Gay Games VII welcomes people of all orientations. Publication of the name, photograph, or
likeness of a person on this website or in any electronic or printed Gay Games VII
promotional item is not to be construed as any indication of the sexual orientation of such person.
Website Designed, Hosted, and Powered by Materville Studios
| |
