Memorandum Directing USCIS Officers to Hold In Abeyance Green Card Applications of HIV-Positive Applicants, U.S. Citizen and Immigration Services (2009)

The U.S. Citizen and Immigration Services (USCIS) issued this memorandum in September 2009 directing all USCIS officers to hold in abeyance "green card" applications of HIV-positive applicants who would otherwise be inadmissible because of their HIV status. This guidance was issued in response to proposed U.S. Department of Health and Human Services (HHS) regulations that would remove HIV from the list of "communicable diseases of public health significance." The HHS regulations were subsequently passed, meaning that the HIV ban was lifted as of January 4, 2010, and applicants living with HIV no longer need to obtain a special waiver in addition to meeting all other requirements. For additional information, please see CHLP's Know Your Rights fact sheet on the HIV ban's repeal and immigration.

This guidance means that the applications of people living with HIV will no longer automatically be denied if they do not qualify for a special waiver. If an applicant does not qualify for a waiver, this guidance directs USCIS to hold the denial in abeyance—neither granting nor denying the application—pending publication of the proposed regulations. For individuals who are eligible for waivers, USCIS will continue to approve them.