HIV and AIDS Immigration Ban Nears End
As many of you know, if an alien wishes to fully immigrate to the United States, the alien is required to submit to an HIV test as part of the overall medical screening process. Moreover, the USCIS currently has the power to deny visas to those applicants who test positive for HIV or AIDS. This roadblock also prevents those otherwise already legally located in the United States from adjusting status to a permanent resident if they are determined to have HIV/AIDS, no matter how far along they are in the immigration process.
This era appears to be nearing an end. Yesterday the USCIS issued this memo which instructs USCIS officers to place a hold on any green card applications which would otherwise be denied simply because of the applicant's HIV status. The hold will remain in place until the arrival of the final Health and Human Services rule change, which will completely eliminate the HIV/AIDS ban.
As observers have noted, the guidance memo shows that the Obama administration is very close to a final repeal of the ban, and is now instructing agencies to be ready for a pretty significant change in policy.
