Proposed DHS Regulation Would Allow Certain HIV Positive Aliens to Temporarily Enter the U.S.

The Department of Homeland Security (DHS) proposed last week to amend current regulations that relate to certain nonimmigrants seeking entry into the U.S. This proposed regulation would authorize the use of short-term nonimmigrant visas and temporary admission for foreign nationals who are currently not allowed to enter the U.S. solely because they are HIV positive.

In the proposed rule, on a limited basis, these individuals would be able to enter the U.S. as visitors for business or pleasure for up to thirty days, as long as they met certain requirements that would be set in place to ensure their control and departure. Any nonimmigrant who either does not meet these specific circumstances, or chooses not to consent to these levels of control, would be able to seek a particular determination of their eligibility for a waiver of the nonimmigrant visa requirements for HIV positive foreign nationals.

DHS is asking for comments to be received on or before December 6, 2007. Comments can be made at

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