Department of Health and Human Services publishes proposed regulation to end HIV travel ban
Date Posted: 7/15/2009 4:05:08 PM
The Centers for Disease Control and Prevention (CDC) and the Department of Health and Human Services (HHS) have issued a proposed rule to remove Human Immunodeficiency Virus (HIV) from the list of “communicable diseases of public health significance,” and is now receiving comments from the public through August 17, 2009. The HHS is further proposing to remove the HIV blood test from the required medical exam (Form I-693) normally conducted on applicants for permanent residence. If the proposed rule takes effect, many HIV positive individuals could seek permanent resident status without the necessity of filing an “I-601 Waiver or Inadmissibility,” which requires that the applicant have a U.S. citizen or legal permanent resident spouse.
The proposed rule reads: “While HIV infection is a serious health condition, it does not represent a communicable disease that is a significant threat for introduction, transmission, and spread to the U.S. population through casual contact. As a result of these proposed regulatory changes, aliens would no longer be inadmissible into the United States based solely on the grounds they are infected with HIV and they would no longer undergo HIV testing as part of the routine medical examination.”
In 2008, Congress removed language from the Immigration and Nationality Act which had previously mandated that HIV positive aliens be denied entry to the U.S. Despite this legislative change, HHS/CDC has not modified its list of communicable diseases of public health significance, meaning that HIV remained a ground of inadmissibility.
The general public may submit written comments identified by Docket No. CDC-2008-0001 to the following address: Division of Global Migration and Quarantine, Centers for Disease Control and Prevention, U.S. Department of Health and Human Services, Attn: Part 34 NPRM Comments, 1600 Clifton Road, NE., MS E-03, Atlanta, Georgia 30333. The public may also submit written comments electronically at the following address: http://regulations.gov, or via e-mail to Part34HIVcomments@cdc.gov.
Comments will be available for public inspection from Monday through Friday, except for legal holidays, from 9 a.m. until 5 p.m., Eastern Time, at 1600 Clifton Road, NE., Atlanta, Georgia 30333. Individuals wishing to do so must call ahead to 1-404-498-1600 and ask for a representative in the Division of Global Migration and Quarantine to schedule a visit.
Comments will also be available for viewing at the following Internet address: http://www.cdc.gov//ncidod/dq. To download an electronic version of the NPRM, please go to the following Internet address: http://regulations.gov.
For more information on the proposed rule change and its possible effects on your immigration case, please contact Attorney Amelia Wilson at Davidson & Schiller, LLC at amw@dsimmlaw.com.
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