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Information on HIV Waivers for Immigrants

Authored By: Catholic Charities

Information

What is an HIV Waiver and how do I apply for one?

In general, people with HIV infection are not allowed to enter the United States. However, two specific waiver policies have been developed for applicants seeking to come to the United States as "nonimmigrants" (people coming to the US for a temporary period of time) who have HIV infection:

1) Routine HIV Waiver Policy- Nonimmigrants may be granted a waiver for admission to the U.S. for 30 days or less to attend conferences, receive medical treatment, visit close family members, or conduct business. You must show that you are not currently afflicted with symptoms of the disease; there is insurance to cover any medical care that may be required in the event of illness while in the U.S.; the potential visit to the U.S. is for 30 days or less; and that the visit will not pose a danger to public health in the U.S.

2) The "Designated Event" Policy- This allows admission of HIV-positive people to attend certain "designated events" which are considered to be in the public interest.

Applicants seeking admission to the U.S. as immigrants (for a permanent stay) must establish the required family relationship. You must also satisfy 3 criteria that are to ensure the public health, safety, and welfare:

1) The danger to the public health created by your admission is minimal.

2) The possibility of the spread of the infection created by your admission is minimal.

3) No expense will be incurred by any government agency, without that agency's prior consent.

The intending immigrant must submit the waiver packet when applying for a non or immigrant visa at an overseas consulate. They need to fill out Form I-602.

Last Review and Update: Jul 09, 2002