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I-601 Waivers – Update on Inadmissibility Due to HIV Infection

Recently, USCIS, released a memo on inadmissibility due to HIV infection in light of the President’s signing of H.R. 5501.

On July 30, 2008, the President signed into law the Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis and Malaria Reauthorization Act of 2008, Public Law No.1 10-293. Scction 305 of P.L. 110-293 amends sec. 212(a)(I)(A)(i) of the Act. so that HHS is no longer required to designate HIV infection as a “communicable disease” of public health significance. HHS has not amended 42 CFR 34.2(b) to remove HIV infection from the list of diseases that qualify as a communicable disease of public health significance. Until HHS does amend 42 CFR 34.2(b). someone with HIV infection, as diagnosed by the civil surgeon or panel physician, remains inadmissible under 212(a)( 1)(A)(i) of the Act.

Until further notice, aliens who are applying for an immigrant visa or adjustment of status and who are found to have an HIV infection are still required to file Form 1-60 I, Application for Waiver of Grounds of inadmissibility. Such waivers are extremely complicated, so make sure to consult an experienced attorney.