Memorandum: Public Law 110-293,42 CFR 34.2(b), and Inadmissibility Due to Human Immunodeficiency Virus (HIV) Infection [open pdf - 162KB]
"The purpose of this memorandum is to direct USCIS [U.S. Citizenship and Immigration Services] officers to hold in abeyance any waiver application and associated benefit request (such as adjustment of status or refugee), which would be denied under current law, if the only ground of inadmissibility is that the applicant has been diagnosed with HIV infection. It is not necessary to hold such a case, however, if the alien is eligible for a waiver of inadmissibility and USCIS determines that, as a matter of discretion, the waiver should be granted. This guidance is provided in response to the Department of Health and Human Services' (HHS) publication on July 2, 2009, of a proposed rule to remove HIV from the list of communicable diseases of public health significance and is effective as of the date of this memo. The guidance provided in the first memorandum on this issue, Public Law 110-293 and Inadmissibility due to HIV Infection, published on August 26, 2008, is rescinded as of the date of this second memorandum."
U.S. Citizenship and Immigration Services: http://www.uscis.gov/