Human Immunodeficiency Virus (HIV) Infection Removed from CDC List of Communicable Diseases of Public Health Significance
These questions and answers only provide information about the change in law made by the Department of Health and Human Services (HHS), Centers for Disease Control and Prevention (CDC) that removed HIV infection from the list of communicable diseases of public health significance.
Section 212(a)(1)(A)(i) of the Immigration and Nationality Act (the Act), bars the admission to the United States any foreign national who has been diagnosed with certain specific illnesses. The Department of Health and Human Services (HHS), on Nov. 2, 2009, published a final rule in the Federal Register, removing Human Immunodeficiency Virus (HIV) infection from the from the list of illnesses that make a foreign national inadmissible. This rule takes effect on Jan 4, 2010. As of Jan. 4, 2010, therefore, having HIV infection will no longer make a foreign national inadmissible to the United States.
For more information about HIV infection in general, please visit the Centers for Disease Control and Prevention (CDC) website (see link to the right).
Questions and Answers
Q. I am HIV positive and I have an application pending with USCIS. How will the rule that removes HIV as a ground of inadmissibility affect my application?
Q. I scheduled for a medical examination prior to Jan.4, 2010 and the HIV screening showed that I am HIV positive. What will happen to my adjustment application if it is adjudicated on or after Jan. 4, 2010?
Q. I am HIV positive and I am not eligible for a waiver. Does this change mean I can enter the United States or be granted adjustment of status without a waiver?
Q. I filed a waiver application because I have HIV infection. If USCIS has not adjudicated my case by Jan. 4, 2010, will I receive a refund of my fee for the waiver application?
Q. HIV screening is still shown on the I-693, Report of Medical Examination and Vaccination Record. Have the civil surgeons been notified that this is no longer required as of Jan. 4, 2010?
Q. How are panel physicians, who conduct medical examination of foreign nationals planning to enter the United States, notified of this change?
Q. My application was denied prior to Sept. 15, 2009, due to failure to file a waiver for HIV infection. Can I file a motion to reopen or reconsider because a waiver is no longer needed?
Q. My application for adjustment of status was denied prior to July 2, 2009, due solely to HIV infection. What should I do?
Q. My HIV-positive spouse is processing the immigrant visa through the U.S. consulate overseas. How will the rule change affect my spouse’s immigrant visa application abroad?
Q. Where can I find information about the HHS rule regarding HIV, and the Technical Instructions for the Medical Examination of Aliens?
Q. Where can I find information about the civil surgeon program, the completion of Form I-693, or adjustment of status?
Q. Can USCIS identify all cases that were being held in abeyance due to inadmissibility based solely on HIV infection and make sure they have now been or are in the process of being adjudicated?
Q. Will USCIS grant motions to re-open cases that were denied based solely on HIV infection before September 15, 2009?
Q. Will USCIS give special consideration to granting fee waivers for motions to reopen these cases?
Q. In 2009, some diversity visa lottery winners were denied due solely to HIV infection. Can USCIS issue guidance on humanitarian parole for this group so they don’t have to wait to go through the family process?
Q. How should applicants answer the question on DS-2053, Medical Examination for Immigrant or Refugee Applicant, about sexually transmitted infections? Does this pertain only to those infections that are considered communicable diseases of public health significance, i.e., no longer to include HIV?
Q. During consular processing, Department of State (DOS) officials still ask about HIV infection and, if HIV is listed on the medical report, officers ask whether the applicant has medical insurance, what treatments/medication the applicant is taking, etc. Is this appropriate under current DOS protocols? What requirements for insurance must such HIV-positive individuals meet to be granted the immigrant visa?
Q. In cases where the spouse/dependent of a diversity visa holder is HIV-positive, may the spouse/dependent with HIV be granted admission along with the principal diversity visa holder? Are any special procedures or requirements involved for the HIV-positive spouse/dependent?
Last Reviewed/Updated: 05/18/2010