Both the United States and China have announced plans to change current restrictions on HIV-positive visitors. However, whereas the US proposals will still require HIV-positive visitors to disclose their status, and adhere to several conditions in order to obtain entry for up to 30 days, China says it is committed to remove all restrictions on HIV-positive visitors.
US announces details of their ‘streamlined’ process
Last week, the US Department of Homeland Security (DHS) published long-awaited proposals to create a blanket categorical waiver of the current statutory HIV restriction on non-immigrant visas, following last December’s announcement by the White House.
The DHS proposals are open for public comment until December 6th. (To read the entire proposals, and to comment, visit the US Government’s regulations portal and search for Docket ID: USCBP-2007-0084)
The proposals call for a “more streamlined process” of issuing waivers to HIV-positive people. The process, however, is not especially streamlined for the HIV-positive individual, who must still declare their HIV status to officials and apply for a visa in person at a US consulate or embassy several months before their intended trip. Rather, the process cuts out the “additional step of seeking review and decision by DHS prior to granting of the non-immigrant visa.”
HIV-positive people are still not eligible to apply to enter the US via the Visa Waiver Programme, nor are they allowed to remain for longer than 30 days. In addition, they must agree during their visa interview that they will not apply for any extension, or for permanent residence, if they enter the US on this visa.
Effectively, the proposals suggest that HIV-positive visitors (including people who change planes in the US on their way to another country) may be allowed to enter the US for a maximum of 30 days in any twelve months under the following conditions:
- They are aware that they are HIV-positive and declare this to the US consulate or embassy.
- They apply for a B-1 (business) or B-2 (tourist) visa in person at an United States consulate or embassy.
- They are not “currently exhibiting symptoms indicative of an active, contagious infection associated with acquired immune deficiency syndrome”.
- They are “aware of, [have] been counselled on, and understand the nature, severity, and the communicability” of HIV.
- They provide adequate assurance that they will “comply with medical advice against engaging in behaviour that would risk transmitting the infection to others”.
- They have in their possession, or access to “as medically appropriate, an adequate supply of antiretroviral drugs for the anticipated stay in the United States and possess sufficient assets, such as insurance that is accepted in the United Sates, to cover any medical care that the applicant may require in the event of illness.”
These proposals have not yet been finalised, however. Until then, the current ban still applies with a case-by-case exemption requiring approval from the DHS (i.e in exceptional cases, a stay of 30 days may be granted for family visits, medical treatment, business travel, or participation in a scientific, health-related conference).
China announces repeal of HIV-positive ban
Also last week, China’s Ministry of Health announced that China is to repeal immigration laws that currently bar HIV-positive visitors, according to a Reuters report.
"China has decided to change its immigration laws, scrapping travel restrictions," Michel Kazatchkine, executive director of the Global Fund told a Beijing news conference that was also attended by China’s Vice Minister of Health, Huang Jiefu. "The new law, which hopefully will be passed in the coming months, will be in line with the global conventions, which recognise that travel restrictions for HIV-positive people do not have any public health value," said Kazatchkine.
Minister Jiefu added that China is committed to changing their HIV-positive visitor policy, but that “modifying laws and regulations is quite a complicated process and it takes some time.”
“I must be very candid with you, that this process has not been completed yet," he added," but I would like to ask the international community and the media to rest assured that China would honour its commitment.”