New Year Brings End to Visa Ban for HIV Positive Individuals
January 4, 2010
The new year brings welcome change and liberation to individuals afflicted with the HIV infection. Marking the end of what many perceived as unwarranted discrimination, individuals who are HIV-positive are now eligible for temporary and permanent visas to the United States as of January 4, 2010.
Until now, individuals who are HIV-positive were ineligible for any types of visas to the United States because the immigration laws designated the HIV infection as a public health concern rendering individuals inadmissible. Although a waiver had been available to those found inadmissible based on the HIV infection, many individuals did not qualify for a waiver due to the necessity of having a specified qualifying relative.
On July 30, 2008, the United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008 was enacted amending the immigration laws to eliminate HIV as a medical basis for exclusion from the United States. HIV-positive visa applicants, however, continued to be ineligible for visas because HIV continued to be listed as a communicable disease of public health significance by the United States Department of Health and Human Services, Centers for Disease Control and Prevention (CDC).
The CDC, in turn, published the requisite proposed rule change on July 2, 2009, removing the HIV infection from the list of communicable diseases. The final rule amending the CDC list was published on November 2, 2009, thereby rendering HIV-positive visa applicants eligible for visas starting January 4, 2010.
Accordingly, HIV-positive individuals no longer need to disclose their medical condition when applying for a US visa. As well, individuals will no longer be tested for HIV when undergoing the requisite medical examination for an immigrant visa.
Any individuals who had previously applied for a visa and were denied solely for being HIV-positive may re-apply. For HIV-positive individuals with pending visa applications, the immigration service may now proceed with the issuing of a final decision without any need for a waiver.
Individuals must still keep in mind, however, that the immigration service will still be concerned that they will not become a public charge to the United States government. While being HIV-positive in and of itself can no longer be a basis for a visa denial, the immigration service may still take the HIV infection into consideration when determining whether an individual is likely to receive public financial assistance.
The removal of HIV from the list of communicable diseases rendering an individual inadmissible from the United States is precisely a humanitarian measure needed to foster equality and justice. Individuals afflicted with the HIV infection may now focus on ensuring receipt of quality medical treatment rather than on worries over effects to visa eligibility.
For further information, please schedule an appointment at Aquino & Aquino, A Professional Law Corporation, 625 Fair Oaks Avenue, Suite 101, South Pasadena, CA, 91030; (626) 799-3089; info@aquinolaw.net.
Aquino & Aquino, A Professional Law Corporation, also handles family law, employment discrimination, unlawful termination, criminal defense, personal injury, wills, and living trusts.
© 2009 Aquino & Aquino, APLC. All rights reserved.
|