Update from the US Consulate on entry to the US for people with HIV

[Guest guest]

Update from the US Consulate on entry to the US for people with HIV

 

Posted online 11 December 2008

 

Lance Feeney attempts to clarify entry to the US for Australian citizens with HIV.

Being aware that policy has changed in relation to Australian¢s with HIV entering the U.S. I visited the Consulate in Sydney and was told by security that: ¡I needed to apply on-line via the US consulate website¢. The information contained on the U.S. Consulate website was frustratingly confusing. I emailed the Consulate and requested clarification. What follows is a copy of the correspondence.

Letter to U.S. Consulate

Request for information in relation to ¡Short term entry to the U.S. for Australian citizens with HIV¢.

Positive Life NSW noted the US Congress¢s removal of the statutory entry ban from the U.S. Immigration and Nationality Act by adopting the PEPFAR bill on July 24th, 2008. We also noted that President Bush signed the bill on July 30th.

We understand that the entry ban is now back in the hands of the Department of Health and Human Services (HHS) and they are currently reviewing the matter. We have accessed the Department of Homeland Security briefing (RIN 1651-AA71):¢Issuance of a Visa and Authorization for Temporary Admission into the United States for Certain Nonimmigrant Aliens Infected with HIV¢ and reviewed the material.

We also understand that the U.S. Department of Homeland Security announced in September 2008, an alternative process for HIV-positive people seeking to visit the U.S. for 30 days or less and that there are now -2 official processes for HIV-positive people seeking entry.

 

Applying for an HIV-Waiver Applying for the ¡new entry permit¢ -(30 days stay maximum)

Positive Life NSW publishes a bi-monthly magazine which is circulated nationally. We want to update people with HIV and provide them with the most up-to-date information regarding entry to the U.S.

We are unable to find information on the U.S. Consulate website that clarifies the process for HIV positive individuals who apply for travel authorization via the electronic process.

Would you please clarify what happens when an applicant answers ¡yes¢ to the question ¡Do you have a communicable disease¢?

 

Is there an additional process? Would you please describe the process? Under what conditions is entry authorized? How long does the authorization process take before travel can be instigated?

We would greatly appreciate your assistance to clarify these matters. Currently there is a great deal of confusion amongst people with HIV wishing to travel to the U.S.

If you would like to clarify any of the matters raised within this email, please do not hesitate to contact me.

Lance FeeneySystemic AdvocacyPositive Life NSW

U.S Consulate reply

Thank you for your inquiry.

Some travelers are not eligible by law to enter the United States. These include people with certain serious communicable illnesses (including HIV), criminal records, previous deportations from the U.S., certain visa refusals and other problems with U.S. immigration laws or visas.

On October 6, 2008, the Department of Homeland Security (DHS) issued the HIV Waiver Authorization Final Rule, which allows consulates abroad to issue a visa on a case-by-case basis to some HIV positive applicants without the requirement of a waiver authorization, providing certain requirements are met. This regulation change does not have any impact on the list of communicable diseases of public health significance and all HIV-positive applicants are still required to obtain a visa for temporary entry to the United States.

For further information please see: http://www.dhs.gov/xnews/releases/pr_1222704743103.shtm For those applicants who are found ineligible for travel to the United States, the interviewing Consular Officer may be authorized to submit a waiver request on your behalf to the U.S. Citizenship and Immigration Services (USCIS). The decision on whether to request a waiver is at the consular officer¢s discretion. However, as a general guide, a consular officer might recommend a waiver if:

 

The public benefit of a visit to the U.S. outweighs any risk to public health The visit is for 30 days or less The applicant coming to the U.S. for humanitarian reasons, such as attending academic or health-related activities (including seeking medical treatment), to conduct temporary business, or to visit family.

We will endeavor to treat applicants with HIV with sensitivity and discretion. At the Consulate in Sydney we can offer a private interview booth. Once you have booked your visa interview on the Visapoint website (http://aus.us-visaservices.com/Forms/default.aspx) please contact sydneyinterviews to request the private interview area, giving details of your interview date and time and Visapoint PIN number.

If you plan to be interviewed at the U.S. Consulate in Perth or Melbourne please contact them directly (melbourneinterviews or perthvisas).

Best regardsAMVISAU.S Consulate General, Sydney

"I didn't attend the funeral, but I sent a nice letter saying I approved of it." -Mark Twain