Individuals with HIV Still Limited from Entering the U.S.

On July 30, 2008, President Bush signed into law an act that would no longer require the Department of Health and Human Services (HHS) to designate HIV as a communicable disease of public health significance. However, HHS has, to this date, not yet removed HIV from its designation as this type of communicable disease.

Because of this lack of action on HHS’s part, individuals with HIV infection, as diagnosed by a civil surgeon or panel physician, are still required to file Form I-601, the Application for Waiver of Grounds of Inadmissibility. Refugees and Asylee applicants, are required to use Form I-602, the Application by Refugee for Waiver of Grounds of Excludability.

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