HIV Travel/Immigration Ban Lifted – Sort Of

On July 24, 2008, the House passed H.R. 5501, which includes a provision that would repeal the HIV travel/immigration ban by amending the current health-related ground of inadmissibility to exclude any reference to HIV. The Senate passed the same bill a week earlier which lifts the current ban on those with HIV from visiting and/or immigrating to the United States. The bill has now been signed by the President and is now law. HIV is no longer a separate basis to prevent a person’s immigration to the U.S.

However, current law also renders persons with certain communicable diseases inadmissible and therefore ineligible for a visa (including immigrant visas, i.e. green cards). The U.S. Department of Health and Human Services (DHHS) maintains a list of these communicable diseases and HIV is on this list. Consequently, persons with HIV are still required to obtain a waiver to be admitted to the U.S.

By Ann Massey Badmus

Published by Ann Massey Badmus

Ann Badmus helps foreign national medical providers and their employers successfully cut through immigration red tape for fast and timely employment. Through her unique Immigration Prescription Program, she skillfully solves even the most complex immigration problems. Her comprehensive and clear advice has helped thousands of providers, employers, and recruiters avoid immigration delays, saving time and expense and providing a stress-free experience for all. Ann is frequently invited to speak about immigration issues before various organizations, including medical associations such as the American Academy of Neurology. She has also published numerous immigration articles and has authored a well-received book, The Immigration Prescription: The Practical Guide to Immigration for Foreign Born Physicians.

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