Question: 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?
Answer: The final rule just went into effect on January 4, 2010.
There is no more HIV Inadmissibility.
On or after Jan. 4, 2010,
Furthermore,
For any application for immigration benefits pending on or after Jan. 4, 2010.
Question: I am HIV positive and I am not eligible for a waiver.
Does this change mean I can enter the United States?,
Answer: Beginning Jan. 4, 2010,
Just because you are HIV positive.
If your case is pending on or after Jan. 4, 2010,
A waiver of inadmissibility
Even though your medical examination showed that you have HIV infection.
Civil surgeons will not test for HIV after Jan. 4, 2010.
Question: How are panel physicians,
Who conduct medical examination of foreign nationals,
Planning to enter the United States,
Notified of this change?
Answer: The U.S Department of State (DOS),
Regulates panel physicians.
For more information about notification of panel physicians,
Please contact DOS.
Contact information is on DOS’ Web site at
www.state.gov.
Question: I know someone else who had his application denied,
Because he was HIV positive.
Can he file a motion to reopen or reconsider,
Answer: A motion to reopen or reconsider must be filed within 30 days of the final adjudication.
However, If your application was denied solely based on HIV infection,
On or after July 2, 2009,
The date of the proposed HHS rule,
USCIS will waive the 30 day deadline.
USCIS will accept the filing of your motion to reopen or reconsider along with the filing fee.
— What changed and what it means for applicants
Effective January 4, 2010, HHS/CDC removed HIV infection from the list of communicable diseases that made a person medically inadmissible to the United States. As a result, HIV infection by itself is no longer a ground of inadmissibility for U.S. visas, adjustment of status, or most immigration benefits — and applicants no longer need a special waiver for HIV.
Why this matters
- No automatic denial for HIV alone: USCIS and consular officers must not deny visas or adjustments solely because an applicant is HIV-positive.
- Medical exam changes: HIV testing was removed from the immigration medical-screening requirements.
- Waiver rules changed: HIV-related waivers are no longer necessary for cases finally adjudicated on or after Jan. 4, 2010.
Immediate practical effects (for applicants & counsel)
- If you have a pending application, a past HIV diagnosis should not bar approval if the case is adjudicated on or after Jan. 4, 2010.
- Panel physicians no longer routinely test for HIV as part of the immigration medical exam.
- HIV-positive travelers generally do not need a waiver to enter the U.S.; consular admissibility rules still apply.
- Always answer medical/visa questions truthfully when forms or interviews require it.
What to do next
- Keep certified medical records and treatment documentation (ART adherence) for any benefit application.
- If you were denied previously solely for HIV, consult counsel about reapplication or administrative remedies.
- Coordinate with panel physicians, DSOs, or employers to ensure medical info follows current USCIS/CDC guidance.
