No more HIV/AIDS ineligibility bar to US Visas

[Bala]

No more HIV/AIDS ineligibility bar to US Visas

For those who have not heard, President Bush signed HR 5501, United Global Leadership in HIV/AIDS Act of 2008 in late July.

http://www.whitehouse.gov/news/relea...080730-12.html

Text of the Act:
http://www.govtrack.us/congress/bill.xpd?bill=h110-5501

A little-noticed provision in Title III, Section 305, amends the Immigration and Nationality Law by removing the ineligibility bar to all applicants for immigrant and non-immigrant visas at the US Consulates. This includes tourist visas and fiancee & spousal visas.

In the past, applicants who tested HIV positive were deemed inadmissible based on medical ineligibility with limited opportunity for securing a waiver or special exception.

Now, this "automatic" bar of inadmissibility has been removed.

This does NOT mean than people with HIV positive can automatically get a visa. It simply means that there is no longer an automatic bar to these applicants and no approved waiver is necessary.

The Consulate, together with Dept. of Health and Human Services (HHS) and the Center for Disease Control (CDC), will still exercise appropriate discretion in the issuance of visas in these cases.

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