Good News for HIV+ Immigrants with Green Cards Pending
The Office of U.S. Citizenship and Immigration Services (USCIS) at the Department of Homeland Security has issued a memorandum regarding green card applications for HIV+ immigrants. The memo directs immigration officers to defer any adjustment to a green card application based on whether the applicant is HIV+ or not. This is good news for HIV+ immigrants waiting to see what the final Health and Human Services ruling will be on this issue.
Currently HIV+ individuals are barred from traveling or immigrating to the United States. In June of this year, the Department of Health and Human Services issued new rules removing HIV from the list of communicable diseases barring such movement. The new rules are expected to take effect shortly, following a 45-day comment period and further planning for implementation. It is possible, though unlikely, that HIV will not be removed from the restricted list in the final, published HHS rules.
In the meantime, the memorandum from USCIS will keep any HIV+ immigrant from being denied green card status pending the final HHS rules. After nearly 20 years of a ban on HIV+ people traveling and immigrating to the U.S., this is a much welcomed step in the right direction.
