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Evidence that hospital/non-governmental clinic/research facility
will provide care at no cost to the government;
d. Evidence of participation in government-funded study and extent
of medical coverage provided;
e. Evidence that government agency providing medical treatment has
consented to provide treatment through the agency or his designee.
The waiver can be submitted with the adjustment of status application, at the interview,
or after the interview in response to a Request for Evidence/Notice of Deficiency given
by USCIS.
If the waiver is denied, the adjustment of status application will also be denied. The
denial of a waiver cannot be appealed, but it may be renewed in proceedings.83
Legalization and SAW applicants must submit the following documents:
1) Form 1-690, Application for Waiver of Excludability;
2) HIV Waiver Supplement, signed as described above;
3) Filing fee of $35.00.
These applicants also must submit the additional supporting evidence that refugee/asylee
applicants submit.
83 Williams Memo, Ch. 41.6(a)(3).
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