Update: Center For Disease Control Proposes Dropping HIV from List of Communicable Disease Resulting in Inadmissibility

admin — Fri, 03 Jul 2009 03:46:50 +0000

On July 2, 2009 the Center for Disease control formally proposed that HIV be dropped from the list of “communicable diseases” that result in a legal finding of inadmissibility. The following is quoted from the preamble of the proposal to change the rule:

The Centers for Disease Control and Prevention (CDC), within the U.S. Department of Health and Human Services (HHS), is proposing to revise the Part 34 regulation to remove “Human Immunodeficiency Virus (HIV) infection” from the definition of “communicable disease of public health significance.” HHS/CDC is also proposing to remove references to “HIV” from the scope of examinations in its regulations. Aliens infected with a “communicable disease of public health significance” are inadmissible into the United States under the Immigration and Nationality Act (INA).

This proposed rule change is subject to a comment period and is not yet finalized, but if it becomes final it will do away with the need to obtain an HIV waiver for a prospective immigrant infected with HIV.

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Update: Center For Disease Control Proposes Dropping HIV from List of Communicable Disease Resulting in Inadmissibility