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Final Rule Removing HIV Infection from U.S. Immigration Screening

Effective January 4, 2010, a diagnosis of HIV infection will not render a person traveling into the United States as inadmissible under Section 212(a)(1)(A)(i) of the Immigration and Nationality Act (INA). Thus, HIV-positive travelers seeking entry to the United States no longer need a waiver of inadmissibility to travel to the United States.

This includes travelers who successfully obtained a waiver of inadmissibility for HIV infection in the past and those who were denied admission into the United States based on HIV infection and the lack of a waiver of inadmissibility thereof.

Travelers from Visa Waiver Program (VWP) countries who were previously denied an approved Electronic System for Travel Authorization (ESTA) based solely on HIV infection would not be barred from re-applying for travel authorization and their HIV infection would no longer bar them from receiving an ESTA authorization.

Additionally, effective January 4, 2010, CBP officers shall not consider a lack of HIV test results when making a determination of admissibility on an arriving immigrant or refugee.

HIV-positive travelers who have any other grounds of inadmissibility under Section 212(a) of the INA must continue to obtain a waiver of inadmissibility.

CBP strives to treat all travelers with respect and in a professional manner, while maintaining the focus of our mission to protect all citizens and visitors in the United States.

CBP admits over 1 million individuals into the United States at 327 air, land and sea ports of entry on a daily basis.