HIV Will No Longer Be a Bar to Admission to U.S.
Beginning January 4, 2010, HIV will no longer be considered a ground of inadmissibility to the U.S. On November 2, 2009, the Department of Health and Human Services published a final rule to remove HIV from the definition of communicable diseases of public health significance. Prior to this final rule, non U.S. citizens with HIV infection were considered to have a communicable disease of public health significance and were thus inadmissible to the United States per the Immigration and Nationality Act (INA). Additionally, applicants for permanent residence who undergo a medical exam as a precondition to obtaining permanent residence will no longer be tested for HIV.