New Final Rule: HIV Infection No Longer Sole Grounds for Inadmissibility to U.S.

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In the Federal Register, dated Monday, November 2, 2009, the Centers
for Disease Control and Prevention (CDC) will officially remove HIV
infection from the definition of “communicable disease of public health
significance” and will additionally remove any reference to HIV from
the scope of examinations for aliens wishing to enter the U.S.

Prior to this final rule, HIV infection was considered a communicable
disease of public health significance by CDC; individuals that tested
positive for the infection during the required medical examination for
U.S. immigration were inadmissible to the United States. However,
effective January 4, 2010, as stated in this final rule, such
individuals will no longer be inadmissible to the United States solely
on the ground that they are infected.

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