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Ice on Immigration: HIV travel/immigration laws

By L. Patricia Ice, Featured Columnist

Question:  I am a U.S. citizen. I have an overseas friend who would like to come to the U.S. to visit Disneyland and me. My friend meets most of the requirements to obtain a B-2 tourist visa, but he is HIV positive. His infection is controlled with medication and he does not have AIDS. A few years ago I heard that a person with cannot get a visa to come to the United States Is this still true?

Answer:  On July 30, 2008 President Bush signed a law that partially repeals the HIV travel/immigration ban.  The law amended the health related inadmissibility ground to exclude any reference to HIV, but it did not eliminate having a communicable disease as an inadmissibility ground.  Even though the new law eliminates any reference to HIV in the statute, the U.S. Department of Health and Human Services (HHS) still lists HIV as a communicable disease of public health significance.  As long as being HIV positive is considered a communicable disease of public health significance, being HIV positive remains a ground that prevents a foreign national from being issued a visa to come to the United States. So, unless there is a change on the HHS list regarding being HIV positive, your friend may be barred from coming to visit.  If your friend is denied a visa, I suggest you contact an immigration lawyer for advice.