Question
What is the situation with the US visas for HIV-positive people?
18 August 2008. Related: All topics, Travel.
I see the visa rules for travelling to the USA have been changed for people with HIV, but it is very difficult to understand exactly what the present situation is and when it is effective from. Could you please explain? Many thanks
Answer
I am also a bit confused about the current situation. It looks as if everything is already normalised, but still there are some more things to be signed/done. I think the best source that will provide you with the 100% up-to-date information on this particular issue is the American embassy.
I know that many groups of activists sent a letter recently, requiring the removal of HIV-infection from the list of communicable diseases of public health significance, but this is a bit of a different story.
If you find something from a thrustworthy official source, please share as a comment. Some travelling positive HIV-people will deffinitely benefit from it. Thanks in advance.
Hi,
I am afraid nobody is clear at the moment. What is really clear is that people with HIV are still obliged to apply via special procedure, declaring your status and hoping for a persmission to enter the greatest democracy in the world. End of 2008!!!
Have found this on the Department on Homeland Security website:
Still what the process is I am unclear.
“Streamlined Process Announced for Otherwise Eligible HIV-Positive Individuals to Enter the United States”
(www.dhs.gov/xnews/releases/pr_1222705590290.shtm)
You may wish to contact “David H.-U. Haerry” , who sent the following message to the ITP maillist around 3 August:
dear all,
contrary to some information in the past days, the U.S. travel & entry
ban is not removed. What has happened is this:
* The United States Congress removed the travel ban from the U.S.
Immigration and Nationality Act by adopting the PEPFAR bill on
July 24, 2008. The bill, which President Bush signed July 30, will
become law this month (e.g. July 2008).
* The entry ban itself is not removed yet, but back in the hands of
the Department of Health and Human Services (HHS). The department
will have to review the matter and use its authority to take HIV
off of the list of diseases threatening public health. This might
not happen until the next administration has taken over from
George W. Bush. The U.S. will have a presidential election Nov. 4.
So the entry ban is again in the hands of HHS – where it has done a lot
of damage between 1987 and 1993, before Clinton enshrined it in the
Immigration & Nationality Act and thus requiring an act of Congress for
removal.
This act of Congress has now happened, and it is a major victory indeed.
The process going forward may be something like this: HHS issues a
proposal to change their policy and there is a public comment period
during which any individual or organization can weigh in. They go
through the comments, which may or may not have an impact on what they
decide, and then they issue a final determination. This can take a long
time.
If you’re interested in following the matter, check the news section and
the U.S. country file
(http://www.hivtravel.org/Default.aspx?PageId=143&CountryCode=US) on
http://www.hivtravel.org
kind regards,
david