US Lifts Ban on Immigrants with HIV

For nearly 23 years, HIV-positive immigrants and travelers were banned from entering the United States.

But on January 4, that ban was lifted. HIV-positive non-immigrant visitors can now travel to the US, and immigrants with HIV are eligible to receive visas and green cards.

President Obama officially repealed the HIV Travel and Immigration Ban on Oct. 30, 2009. The ban ended following a 60-day waiting period. According to a New York Times article, Obama said the ban was “rooted in fear rather than fact.”

Only 11 countries continue to bar visitors and immigrants with HIV: Armenia, Brunei, Iraq, Libya, Moldova, Oman, Qatar, the Russian Federation, Saudi Arabia, South Korea and Sudan.

Opposition to Lifting the HIV Ban

Some groups and individuals have spoken out against the lifting of the HIV Travel and Immigration Ban.

Opponents say that issuing green cards to HIV-positive immigrants will only raise the number of cases of HIV and AIDS in the United States. Opponents are also concerned that immigrants will rely on the government for medical support, contributing to astronomical health care costs.

Obstacles for Immigrants with HIV

United States Citizenship and Immigration Services has addressed some of the concerns of letting immigrants with HIV come to the US.

HIV-positive immigrants must submit a waiver form along with the standard medical exam that is required for all green card applicants. Immigrants must also prove that they will present minimal danger to US public health by submitting affidavits from medical or social service providers. The affidavits must state that the immigrant in question is aware of the risks involved in being HIV-positive and that he or she will stay away from dangerous behavior.

Immigrants with HIV are also required to prove that their illness will be treated at no cost to the US government. This requirement may be more difficult to prove. If HIV-positive immigrants do not have health insurance at the time of their permanent residence interviews, the immigration officer may rule them to be public charges and deny their applications.

To get health insurance, immigrants with HIV should try to obtain a job that offers health insurance before their interview. They can also get health insurance through a US citizen or permanent resident relative. If health insurance is proving hard to come by, immigrants can pay for HMO coverage or find a clinical trial sponsored by a pharmaceutical company or university.

A Step to Ending HIV Discrimination

Despite the opposition and possible difficulties of immigration, many people celebrated the ban being lifted, seeing it as a statement that the government does not find people unworthy of visiting, working in or becoming citizens of the US just because they have HIV.

“At long last, people living with HIV will no longer be pointlessly barred from this country,” said Rachel B. Tiven, the executive director of Immigration Equality, in a press release. “Every day, Immigration Equality hears from individuals and families who have been separated because of the ban, with no benefit to the public health.”

In addition to reuniting loved ones, the US will now be able to hold international HIV/AIDS conferences. Days after President Obama announced the end of the ban, Secretary of State Hillary Clinton revealed that the US plans to host the 2012 International AIDS Conference.

HIV/AIDS research groups and communities have long avoided the US as a designated meeting place because of the ban.

“If we want to be a global leader in combating HIV/AIDS, we need to act like it,” said President Obama.

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