Integrity Legal

2nd Jul 2009

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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(This content is for educational use only. It does not constitute legal advice. No attorney/client relationship is created between the author and reader of this post.)

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One Response to “Update: Center For Disease Control Proposes Dropping HIV from List of Communicable Disease Resulting in Inadmissibility”

  1. irene says:

    that is too sweet of you guys go ahead and think about it being with hiv doesnt exclude you from yo family its the time one needs his family most but not seperation

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