HIV no longer on Inadmissibility list

immigration lawyer

The impact of removing,
The immigration ban on HIV-infected persons

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?

immigration lawyer

immigration lawyer

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?,

immigration lawyer

immigration lawyer

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?

immigration lawyer

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,

immigration lawyer

immigration lawyer

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.

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