Mark A Ivener, A Law Corporation

Department of Homeland Security Streamlines Process for Short-Term Visitors Infected With HIV

The Department of Homeland Security (DHS) issued a final rule effective October 6, 2008, to provide, on a “limited and categorical” basis, a more streamlined process for nonimmigrants infected with human immunodeficiency virus (HIV) who wish to visit the U.S. on a short-term basis. Under the final rule, DHS will allow those who are HIV-positive to enter as visitors (for business or pleasure) for a temporary period not to exceed 30 days, without being required to seek such admission under the more complex (individualized, case-by-case) process provided under current DHS procedures. Additionally, DHS has decided to permit an additional “period or periods of satisfactory departure in exigent circumstances” under a provision modeled after the Visa Waiver Program.

Nonimmigrants who do not meet the specific requirements of the rule or who do not wish to consent to the conditions imposed by the final rule may seek admission under current procedures and obtain a case-by-case determination of their eligibility for a waiver of the nonimmigrant visa requirements concerning inadmissibility for those infected with HIV.

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Mark A. Ivener, A Law Corporation, a nationally recognized law firm, has successfully assisted hundreds of clients in immigration matters.