Medical Examination of Aliens—Removal of HIV Infection from Definition of Communicable Disease of Public Health Significant, 42 CFR 34, Department of Health and Human Services (2009)

Statutes, Regulations, and Agency Guidelines

This final rule amends Department of Health and Human Services (HHS) regulations to remove HIV from the definition of "communicable disease of public health significance." Before this rule was issued, individuals living with HIV were inadmissible to the United States, and required a special waiver to obtain permanent residency or to visit. Under this rule, as of January 4, 2010 the HIV ban is lifted—thus, individuals living with HIV no longer can be excluded from the United States based on their HIV status. This also means that individuals living with HIV no longer need to fill out an HIV waiver, and that individuals seeking permanent residency no longer are required to undergo HIV testing as part of the medical examination for U.S. immigration.

If you are applying for permanent residency, it is important to note that, these regulations merely lift the HIV ban, but they do not guarantee that you will be granted a green card. Whether you are HIV-positive or not, you still must qualify for a green card through a family sponsorship, employer sponsor, the Diversity Visa lottery, asylum, or some other means to apply.

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