K-1 Inadmissibility Issues: HIV Ban to be Removed

4. November 2009 by admin.

Under section 212(a)(1) of the INA (8 U.S.C. 1182(a)(1)), any alien who is determined to have a communicable disease of public health significance is inadmissible to the United States. As a result of this statute, aliens outside the United States who have a communicable disease of public health significance are ineligible to receive a visa for admission into the United States, absent the grant of a waiver on the ground of inadmissibility.

Prior to this final rule, aliens with HIV infection were considered to have a communicable disease of public health significance and were thus inadmissible to the United States. While HIV infection is a serious health condition, it is not a communicable disease that is a significant public health risk for introduction, transmission, and spread to the U.S. population through casual contact.

As a result of this final rule, aliens will no longer be inadmissible into the United States based solely on the ground they are infected with HIV, and they will not be required to undergo HIV testing as part of the required medical examination for U.S. immigration.

This final rule is effective January 4, 2010.

If you have questions about your or your fiance(e)’s eligibility for a K-1 fiancee or K-3 spousal visa, talk to experienced immigration attorney at 626-771-1078 or visit us at www.myfianceevisa.com

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