The U.S. Department of Homeland Security (DHS) has issued a new Human Immunodeficiency Virus (HIV) Waiver Final Rule. This regulation will streamline the issuance of certain short-term visitor visas for applicants who are HIV-positive. Under the new regulation, U.S. Embassy consular officers will have the authority to grant more quickly non-immigrant visas to otherwise eligible HIV-positive applicants who meet certain requirements, instead of waiting for a special waiver from DHS. The new regulation is applicable only to applicants coming to the United States. HIV-positive individuals seeking an immigrant visa to come permanently to the United States continue to require a special waiver from DHS.
Q: What does this new policy mean for me – an HIV-positive visitor visa applicant?
Before this new regulation came into effect, consular officers were required first to make recommendations to DHS for each individual HIV-positive non-immigrant visa applicant. This case-by-case process resulted in delays for applicants. Under the new regulations, consular officers can now approve issuance of non-immigrants visas to HIV-positive applicants on the same day of their visa interview. To qualify for this new streamlined approval process, HIV-positive applicants must meet the following requirements: i) intend to visit the United States for no longer than 30 days; ii) meet all other eligibility requirements for the visa; and iii) meet certain criteria designed to ensure that their presence in the United States would not constitute a risk to public health. HIV-positive applicants who do not meet these specific requirements may elect the previous procedure for a case-by-case determination of their eligibility for a non-immigrant visa.
Q: I have heard that applicants will need to provide proof of insurance and take sufficient medicine. Why?
The requirement to provide proof of insurance is a reasonable condition meant to ensure that the applicant’s short-term visit will not cause a financial burden to the American public. Any potential visitor who is likely to become a “public charge” is inadmissible to the U.S. under the Immigration and Naturalization Act. Specifically, an HIV-positive visitor to the U.S. who requires emergency medical treatment and is not otherwise covered by medical insurance would result in the significant expenditure of public funds for their care. The totality of circumstances must be considered in determining whether or not an applicant is likely to become public charge.
Similarly, an adequate supply of medication, or access to such a supply in the United States, is necessary to ensure that the applicant will not require public assistance to acquire such medicines. DHS is aware that prescribed medication is not always necessary for HIV-positive applicants and each applicant’s treatment regime is determined by a medical professional. As with other medical findings for visa purposes, the appropriateness of an applicant’s treatment regime is subject to review by one of the U.S. Embassy’s panel physicians.
Q: How can an applicant seeking a visitor visa prove that he or she has adequate resources to cover medical expenses?
An applicant may establish that resources are available to cover medical expenses through several means. First, an applicant may have sufficient personal assets to cover any anticipated treatment. Such assets must be available to the applicant while in the U.S. within the timeframe required for potential payment to the U.S. medical facility. Demonstrating these personal assets is the responsibility of the applicant. Second, sponsors – either individuals or organizations – may offer to cover potential medical expenses; these sources should provide adequate documentary evidence of their willingness and ability to pay for such medical service. And lastly, short-term medical travel insurance may be available to HIV-positive applicants. This type of health insurance may cover medical costs related to your HIV-positive condition while traveling to the United States. For each of these three options, HIV-positive applicants must satisfy the interviewing consular officer that financial assets will be available within the U.S. for the duration of their stay.
Q: Will the people who use this new, streamlined process receive visas that identify them as HIV-positive?
The visas issued under this new regulation will not publicly identify the traveler as HIV-positive; your medical condition is a confidential matter and it will be treated appropriately. The U.S. Government will retain records of your visa application and issuance, but those records are considered confidential and are available only to officers and staff members with a need to know.
Q: Are consular officers trained to conduct proper medical evaluations?
The consular officer interviewing you when you apply for your non-immigrant visa is not a medical specialist and will not perform a medical evaluation of your HIV-positive status. Instead, consular officers will consult with the Embassy’s panel physicians, who are responsible for making professional medical findings about your health status.
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“Ask the Consul” is a periodic column from the U.S. Embassy answering questions about U.S. immigration law and visa issues. If you have a general question about visa policy please email it to us at AskGeorge@state.gov. We select questions and publish the answers in Stabroek News and on our website at http://georgetown.usembassy.gov/guyana/ask_con.html. For more information about visas please see http://www.unitedstatesvisas.gov or http://georgetown.usembassy.gov/.
Other than the questions we select, we DO NOT respond to questions sent to Ask the Consul. Please contact the visa inquiries unit (email visageorge@state.gov or call 225-7965 between 8 am- 12 pm and 1 pm- 4 pm Monday through Friday) if you have questions about a specific case.
