How permanent is permanent residency in the case of AIDS?


#1

What if a permanent residency card holder gets HIV
or AIDS? Do we then get to see just how permanent
the so called permanent residency card really is?


#2

Why not become stateless, then where can they deport you “back” to – jail?

Actually, it is not arrest, per se, but an alien detention status. If held as a military detainee that is kind of like a Bin Laden terrorist whom is just really a visiting house guest of the US Government.

Diseased monkeys, genetic imbalances, draft dodgers, cowboy teachers, drug addicts, uncivilized creatures, anything else?


#3

I thought that the health check-up is required only when you first apply for permanent residence, and then it’s never required again.

I know that permanent residence status has to be “renewed” once every ten years, but I thought that all that’s needed to renew it is a copy of your household registration. Anyway, I’m sure that to renew a spouse-sponsored ARC (“Joining Family Resident Visa”), a copy of the household registration is all that’s needed, so I assumed that renewing a APRC is just as easy.
[Moderator’s note: There is no stipulation in the Immigration Law that permanent residency status must be renewed at any time.]

But I agree that it is very unfair and against human rights to not let people get an ARC or permanent residence just because they fail the health check-up. And HIV isn’t the only thing they check for. In fact, they also check for:

  1. Tuberculosis (chest X-ray)
  2. intestinal worms (stool sample)
  3. leprosy (blood sample)
  4. syphilis (blood sample)
  5. marijuana (urine sample)
  6. amphetamines (urine sample)
  7. heroin (urine sample)

I’m not a drug user and I don’t have any of these diseases, but still I don’t think it’s right that just because someone uses recreational drugs or has a disease to exclude him/her from being able to get an ARC or permanent residence.

I mean if someone has leprosy, intestinal worms, syphilis, or tuberculosis, they can still work full time and contribute to society, so why does the Taiwanese government think that the person should be forced to only have a two-month visitor visa, and have to spend at least NT$5000 every two months to go overseas to get a new visa (or pay for Chinese classes, which cost just as much).

And it doesn’t mean that these people can’t live in Taiwan. They can still live here as long as they want, but can never get an ARC or APRC.
So limiting the rights of people with diseases or recreational drug users doesn’t affect the “gene pool” in Taiwan at all.

The health check-up requirement for the ARC and APRC just seems extremely illogical and a waste of time and money. I really look forward to the day when this requirement will be abolished, but I don’t see anyone actively fighting it, so I think it will take an awfully long time for any change to occur.


#4

Since when did they start to test for marijuana in the urine as part of the health checkup?


#5

It’s their country, so the government has every right to stop recreational drug users from getting an ARC/Permanent residence. If its illegal its illegal. As for “medicinal” reasons, well I suggest using some other alternative. Thats life.


#6

What happens to a US Green Card holder in the US if they later get HIV or AIDS. Do they get expelled even though they already sold all their assets in their original country? Also still, what is the final word on how permanent the Taiwan permanent resident card if one gets AIDS or HIV?


#7
quote[quote] Its their country, the government has every right to stop recreational drug users from getting an ARC/Permanent residence. If its illegal its illegal. As for "medicinal" reasons, well I suggest using some other alternative. Thats life. [/quote]

Yes, but it stays in the blood ahwile and what if you’ve just been in a country where it’s legal? Then it’s none of their business right? [Moderator’s note: if you can produce documentary proof that your use of the forbidden substances did not occur in Taiwan, then I think you are OK.]

Anyway, they don’t test for marijuana in the normal ARC test, maybe for permanent residency it’s different. I don’t know.


#8

You’re inadmissionable aliens if coming to the USA with AIDS/HIV. If occurring sometime after immigration, deportation is not likely to my knowledge. Otherwise, I am sure the activists would have raised hell by now. For aliens in any US category, there are no constitutional rights against deportation as aliens are not citizens.


#9

However I do believe that aliens in the USA have the right to due process before a deportation. That would mean that the situation of their case would be discussed before a judge I presume.


#10

Yes, due process is the one protection if within the territorial jurisdiction, but the hardliners in the immigration courts are not very immigrant friendly anymore. This is especially true of the minor criminals being involuntarily deported for simple possession or DUI, but I have no exact idea about something like AIDS but try this:

quote:
[B}Suspension of Deportation and Cancellation of Removal[B]

Prior to April 1,1997, noncitizens in immigration court may ask for “seven-year suspension of deportation (suspension)” if they have been in the United States continuously for seven years, and can show good moral character and extreme hardship if removed. Congress has eliminated this kind of suspension, which has helped many HIV positive noncitizens, for people who first get into immigration court after that date.


See this article –
San Francisco Certainly Knows More


#11

Correction: I found out that I was wrong in my above posting when I stated that marijuana is one of the things tested for in the health check-up for the ARC and APRC (permanent residence). Sorry for the mistake.

By the way, if anyone is curious to see actual hospital reports of what is tested for, I have recently scanned in the official reports for the health check-ups for my ARC and APRC. Go here to see the report for my health check-up for my ARC. It was done at Jiayi Christian Hospital.

Then a few months later, I went to Geng1 Xin1 Hospital in Xin1 Dian4, Taipei County, for the health check-up for my APRC. Go here to see that report.

I noticed that syphilis was tested for at Jiayi Christian Hospital but not at Geng Xin Hospital. I don’t know why, but I think that since syphilis isn’t even on the form at Geng Xin Hospital, it wasn’t supposed to be tested for at Jiayi Christian Hospital.

Other than syphilis, everything else tested for was exactly the same:

  1. HIV
  2. Tuberculosis
  3. Intestinal parasites
  4. Opium / Heroin
  5. Amphetamines
  6. Leprosy

#12

It occurred to me that those who are considering “upgrading” their Alien Residency Card (ARC) to a Permanent ARC and have any doubts if they will pass the HIV blood test would be well advised to first take an anonymous test, or just renew the ARC, as if they fail the test they will end up with permanent non-residency instead, i.e. deportation.