POZ Community Forums
Main Forums => Living With HIV => Topic started by: Gilles on July 07, 2006, 11:50:46 am
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Hey everyone....I should know this but I dont...so here is the question....as a law graduate I am applying for some training contracts...I have just sent an application for a firm that is based in London but is American company...offices also in NY, LA, etc. I am worried that if I get a job I will be required to travel in the States for some deals, meetings, etc...., and inevitably I could be asked for HIV test entering the United States.
Does US law require to have HIV test done even if I travel to the USA for very brief period of time?
any help would be much appriciated.....thanks in advance.
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I bet Cliff would know the answer to that one. He'll be around at some point today.
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Here's a link to an AIDSnet website that gives HIV travel restrictions for many different countries: Travel Restrictions (http://www.aidsnet.ch/modules.php?name=Content&pa=showpage&pid=245)
The U.S. can deny entry to foreign visitors with HIV, but they do not require or ask for an HIV test from visitors. However, if HIV meds are found in your luggage at customs, you can be denied entry. There have been discussions on this forum about this situation. It is the main reason that the AIDSmeds Gatherings are planned in Canadian cities, rather than the U.S. Last year's gathering was held in Toronto; this year's will be in Montreal.
Some visitors to the U.S. just take the chance of not having their luggage inspected. Others send on a supply of their meds to someone in the U.S. before the trip. Some people stop taking their meds for the duration of the trip, but this option can cause resistance that will have serious consequences.
Frankly, as a U.S. citizen, I am ashamed of this policy.
Here is an excerpt from the U.S. entry on the above website:
Entry and residence regulations
In principle, the USA refuses entry to foreign nationals known to be HIV positive (Immigration and Naturalization Act, 8 U.S.C. (U. S. Code)-§ 1182 (a)(1).
In the following exceptional cases, a stay of 30 days may be granted:
• Family visit
• Medical treatment
• Business travel or
• Participation in a scientific, health-related conference
HIV testing or a medical exam are not required. In the visa application form, the applicant has to say if he/she has a "communicable disease of public health significance". The visa will be denied if this is the case. An applicant who answers "no" despite better knowledge commits an immigration fraud, which leads to immigration prohibition.
However, an INS (Immigration and Naturalization Service) officer is only permitted to conduct an examination if there are clear signs of a possible infection, such as physical symptoms, or if the person in question makes a clear statement regarding his/her HIV-status, without having been asked.
Foreign nationals infected with HIV are illegal in the USA and will be expelled if their status becomes known.