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, when HIV is no longer a medical ground of inadmissibility, all cases that
were held in abeyance because of HIV infection will be adjudicated according to the new law.
Furthermore, HIV infection will no longer be a medical ground of inadmissibility 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 or be granted adjustment of status without a waiver?
Answer: Beginning Jan. 4, 2010, you will not be required to file a waiver just because you are HIV
positive. If your case is pending on or after Jan. 4, 2010, a waiver of inadmissibility for HIV is not required, 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
Question: I know someone else who had his application denied because he was HIV positive. Can he file a motion to reopen or reconsider because a waiver is no longer needed?
Answer: In general, 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.