Bush to ease rule limiting HIV-positive foreign visitors

[gerry]

I posted this in one of the threads in "Living."  I thought it would also be relevant here for those non-US members who might want to consider going to AMG07.  Hopefully, this happens soon.

"The White House chose Friday, World AIDS Day, to announce that Bush would issue an executive order allowing HIV-positive people to enter the United States on short-term tourist or business visas without having to seek special permission."

Link to Article

[RAB]

Gerry

I must admit this news took me by surprise.  I've searched today and couldn't find anything more specific then what your link mentions.

If I understand it correctly:

1.  People who are HIV + will now be allowed to visit the U.S.  (though we don't know if they'll have to continue to lie on the declaration form one is required to fill out when passing through customs)  BUT the important thing, if I understand correctly, is that the fear of customs agents discovering meds and sending someone home (something which from what I've been able to understand wasn't really a high priority anyway) is now off the table.  Is that correct?

2.  The ban on HIV + individuals from either getting a green card or applying for citizenship will remain in place.

3.  HIV + individuals, coming from countries which the U.S. requires a VISA???  I'm not sure where that situation stands.


The one thing that confuses me is that these restrictions were codified into law when the Republicans took control of congress in 94 (I think it was an attachment to the NIH budget and was signed into law by Clinton).  Can the President undo that by executive order?  Anyone? 

On the surface, this is a baby step in the right direction with a very long way yet to go, but as is usually the case I suspect the devil will be in the details.

Does anyone have any additional information?

Thanks for the info.

RAB

[Basquo]

I'm now wondering exactly how quickly this will happen.  From the prez's website:

The President Will Direct The Secretary Of State To Request And The Secretary Of Homeland Security To Initiate A Rulemaking That Would Propose A Categorical Waiver For HIV-Positive People Seeking To Enter The United States On Short-Term Visas.  The President considers the participation of people living with HIV/AIDS a critical element in the global HIV/AIDS response.  A 1993 law prohibits HIV-positive people from receiving visas to visit the United States without a waiver.  A categorical waiver would enable HIV-positive people to enter the United States for short visits through a streamlined process.

http://www.whitehouse.gov/news/releases/2006/12/20061201-2.html

[Andy Velez]

It's a small step in the right direction.

That friggin' ban needs to be lifted altogether. Since it was enacted by law I think Congress would have to pass a new law overriding the previous one.

Something else that concerns me is that if someone self-identifies as HIV+ when entering the US, then for sure that information is going to forever be computerized. That will effectively close off the possiibility of re-entering the US or staying here for an extended period until the onerous law is lifted.

So it's a step, a something, but way not enough.

[heartforyou]

1 step

So many more to go before I can be with the one I love without having to cross the barriers.

hermie
who rejoices anyway..

[J.R.E.]

Hello Gerry,

Thanks for the article. I have to agree, even this first small step is better then no step at all.

Quote from the article : "It is certainly a step that will serve to bring us in line with the rest of the civilized world,''



Ray

[hkozexpat]

Guys,

I am poz and work for an American company, requiring me to enter the USA under the Visa Waiver scheme every month. When I was diagnosed, I did a back flip over the green Visa Waiver I94 questions.

I took legal advice on two issues:
a) the requirements for an H1 (temporary) residence visa for work and
b) the question on the I94 concerning having a transmissible disease.

Things may have changed and I may have been misled... but the answers were:
a) no medical required for sponsored work visa to the USA
b) unless you actually have AIDS - or any other transmissible disease for that matter - answering NO to the question if you are simply HIV+ is not lying...

Interested to hear other opinions.. surely there must be an immigration lawyer or two on here?!

Hkozexpat

[Oceanbeach]

Hi Everyone,

I can make arrangements for international travelers to ship their meds to the Russian River Health Clinic or my house for AMG 07.  I need to know the dates of arrival because the Clinic is open during regular business hours and if people are arriving after 5:00 PM on a Friday, they would not be able to pick up their meds until Monday morning.  This would be a disaster.  Have the best day
Michael

[hudstar]

Micheal (Senoma Beach)
You put forward a great idea? I just posted in main forum (hiv living - transit travel via usa) and was directed here by Lisa. Do you see this ban lifted in three weeks time.....LOL? Reading other posts here - wasn't this legislation in place during Reagan era?

[Oceanbeach]

I think I remember Ronald and Nancy Reagan's son on the cover of POZ magazine either last year or the year before.  I do remember President Bush during the past two State of the Union Addresses, urging Congress to pass the Ryan White CARE Act.  As I recall, he used the exact statement both years... Hummm...

With 9 months until AMG 07, I think it would be best for international travelers to FedEx a supply of meds ahead of time.  Have the best day
Michael

[hudstar]

Guys,

I am poz and work for an American company, requiring me to enter the USA under the Visa Waiver scheme every month. When I was diagnosed, I did a back flip over the green Visa Waiver I94 questions.

I took legal advice on two issues:
a) the requirements for an H1 (temporary) residence visa for work and
b) the question on the I94 concerning having a transmissible disease.

Things may have changed and I may have been misled... but the answers were:
a) no medical required for sponsored work visa to the USA
b) unless you actually have AIDS - or any other transmissible disease for that matter - answering NO to the question if you are simply HIV+ is not lying...

Interested to hear other opinions.. surely there must be an immigration lawyer or two on here?!

Hkozexpat

Would you know if carrying combination therapy drugs on you would be problematic in regards to this restriction or is it just being HIV that is the problem? Information I have read is unclear in regards to this area. Interesting information in regards to (b)........I guess you wouldnt be travelling much if you had an AIDS defining illness.

[Eldon]

Someone has seen the light with this issue. Knowingly that the CDC is more than aware of HOW HIV is transmitted, then the officials should also have the same awareness which will be a direct reflection of their decision to lift the ban.

Everyone knows that you cannot be infected by a handshake or a hug on the neck. After 25 years you would think that they know this by now.

"What Can I do today to make a better Tomorrow?"