US IMMIGRATION NEWS

United States Ban on Entry of HIV Positive Foreign Nationals Ends

Thursday, 5 November 2009

On November 2, 2009 the Department of Health and Human Services (HHS) published a final rule in the federal register amending its regulations to remove "Human Immunodeficiency Virus (HIV) infection" from the definition of communicable disease of public health significance and remove references to "HIV" from the scope of examinations for aliens.

Previously foreign nationals that were HIV positive were rendered inadmissible to the United States on this basis alone, since an HIV infection was defined by the HHS as a communicable disease of public health significance. In addition, all applicants for permanent residence were subject to HIV testing prior to being granted permanent residence. The HHS now recognizes that while an HIV infection is a serious health condition, it is not a communicable disease that poses a significant public health risk for introduction, transmission, and spread to the U.S. population through casual contact. As a result of this new rule, foreign nationals will no longer be inadmissible into the United States solely on the basis that they are HIV positive. Further, foreign nationals will no longer be required to undergo HIV testing as part of the required medical examination for U.S. immigration.

President Obama remarked on the necessity for the implementation of this new regulation saying:

Twenty-two years ago, in a decision rooted in fear rather than fact, the United States instituted a travel ban on entry into the country for people with HIV/AIDS. Now we talk about reducing the stigma of this disease-yet we've treated a visitor living with it as a threat. We lead the world when it comes to helping stem the AIDS pandemic-yet we are one of only a dozen countries that still bar people from HIV from entering our own country.

If we want to be the global leader in combating HIV/AIDS, we need to act like it.

The provisions in 42 CFR part 34, removing the requirement for HIV testing, will apply to the medical examination of (1) aliens outside the United States who are applying for a visa at an embassy or consulate of the United States; (2) aliens arriving in the United States; and (3) aliens required by the U.S. Department of Homeland Security (DHS) to have a medical examination in connection with determination of their admissibility into the United States; and (4) aliens who apply for adjustment of their immigration status to that of lawful permanent resident.

The final rule will go into effect on January 4th, 2010.

If you are interested in Visas to USA, contact Migration Expert for information and advice on which visa is best suited to you. You can also try our visa eligibility assessment to see if you are eligible to apply for a visa to the United States of America.