Legal Question in Disability Law in New York

Re: hiv

Yes. Generally speaking, under Section 212(a)(1)(i) of the Immigration and Naturalization Act, any alien "who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance, which shall include infection with the etiologic agent for acquired immune deficiency syndrome", i.e., infected with HIV,is INADMISSIBLE to the United States and

CANNOT receive a visa.

However, Section 212(g) of the Immigration and Naturalization Act allows for a WAIVER of the INADMISSIBILITY provided for in the paragraph above:

Section 212(g) of the INA: The Attorney General may waive the application of�

(1) subsection (a)(1)(A)(i) in the case of any alien who�

(A) is the spouse or the unmarried son or daughter, or the minor unmarried lawfully adopted child, of a United States citizen, or of an alien lawfully admitted for permanent residence, or of an alien who has been issued an immigrant visa,

(B) has a son or daughter who is a United States citizen, or an alien lawfully admitted for permanent residence, or an alien who has been issued an immigrant visa; or

(C) is a VAWA self-petitioner,

in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in the discretion of the Attorney General after consultation with the Secretary of Health and Human Services, may by regulation prescribe.

For additonal information, e.g., on applying for a WAIVER of INADMISSIBLITY you may want to RE-POST this same question to the IMMIGRATION category of this LawGuru website and/or consult an experienced immigration lawyer.

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