In some countries it is dangerous to be a person living with HIV. While the Board of Immigration Appeals has confirmed that persecution because of sexual orientation is a reason someone might be granted asylum, there is no similar decision by an appeals court overtly acknowledging HIV-related persecution as a basis for asylum. Nevertheless, there have been many cases where individuals have been granted asylum solely because of their HIV status. In general, to win asylum, an individual must prove “persecution” not “hardship,” and so in most cases it would not be sufficient to show that HIV medication would not be available because their country or origin cannot afford medicine. 

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Last Reviewed: January 6, 2017