Have you received a notice to appear? Have you consulted with an attorney to see if you qualify for any immigration relief? A personal consultation to review all the facts would be best for such a specific situation.
Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
Are you currently in removal proceedings? Have you been served with a notice to appear? To obtain or renew an employment authorization card, you need a basis to receive permission to work. You should consult an experienced immigration attorney. There may be relief from removal available to you. Our office has extensive experience working with the LGBT community.
If you are not in status, you cannot file for a change of status. Perhaps if you meet with an attorney who could get more information from you, you could find what you might be eligible for. But simply being in the U.S. after the visa expired, being gay and HIV, alone, do not make you eligible to immigrate to the U.S.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Being gay and HIV positive could qualify you for relief from removal IF it is unsafe or dangerous to return to your home country based on those facts. Much more information is needed, and you need a lawyer familiar with this type of case if you want a chance to remain in the US.
I agree with my colleagues. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .
Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.
Law Office of Alena Shautsova www.shautsova.com