steman
Posts: 1400
Joined: Wed Aug 09, 2000 4:55 pm

Entering The USA Is Prohibited To HIV + People?

Mon Jan 23, 2006 8:54 pm

Good morning,
a friend of mine is hiv+ and he told me that, according to US regulations,
he is not allowed to travel into the States.
Is this true?
If so, are there some exceptions (like a short term stay) or any way of getting to the US?

Thanks

Stefano
 
whitehatter
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RE: Entering The USA Is Prohibited To HIV + People?

Mon Jan 23, 2006 9:41 pm

Took a bit of digging but here you go

http://www.usembassy.org.uk/cons_new/visa/niv/add_hiv.html

so yes he can travel, but he'll need a visa.
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dtwclipper
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RE: Entering The USA Is Prohibited To HIV + People?

Mon Jan 23, 2006 10:05 pm

Uh, so how would they know if you didn't bother getting the visa?

And would you be turned back if you did not reveal your status?
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jaysit
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RE: Entering The USA Is Prohibited To HIV + People?

Mon Jan 23, 2006 10:58 pm

This moronic law made several scientific organizations change the venue of Inernational AIDS conferences to Europe several years ago. It also forced some pharmaceutical giants to move their R&D to Europe in disgust.

That having been said, the only time the HIV ban only really affects people who are applying for a green card. A green card cannot be obtained by HIV+ individuals.
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steman
Posts: 1400
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RE: Entering The USA Is Prohibited To HIV + People?

Mon Jan 23, 2006 11:10 pm

Thank you everybody for your your contribution.
I think this law is against human rights even though apparently it is easy to avoid it

Ciao

Stefano
 
BigOrange
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RE: Entering The USA Is Prohibited To HIV + People?

Tue Jan 24, 2006 2:48 am

Quoting Dtwclipper (Reply 2):
Uh, so how would they know if you didn't bother getting the visa?

And would you be turned back if you did not reveal your status?

If he got sick while here on vacation, he could be deported and banned for life for lying on the I-94W form.
 
rootsair
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RE: Entering The USA Is Prohibited To HIV + People?

Tue Jan 24, 2006 2:54 am

Quoting Jaysit (Reply 3):
That having been said, the only time the HIV ban only really affects people who are applying for a green card. A green card cannot be obtained by HIV+ individuals.

Well this is the most disgusting for of discrimination there can be...

and HIV people...why don't they just hide they are HIV..

geez...I hate all that US policy
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steman
Posts: 1400
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RE: Entering The USA Is Prohibited To HIV + People?

Tue Jan 24, 2006 3:03 am

Quoting BigOrange (Reply 5):
If he got sick while here on vacation, he could be deported and banned for life for lying on the I-94W form.

Yes I know, that's why I would suggest him to declare it and hope to get a visa, after all is only for a week of holiday in New York!
And if they don't let him in, well, the world is so big and full of better places to visit!


Ciao

Stefano
 
UAL747
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RE: Entering The USA Is Prohibited To HIV + People?

Tue Jan 24, 2006 3:10 am

This isn't only in the US. Other countries have their own policies of "dealing" with HIV immigrants and visitors and being HIV + can limit your stay in other countries as well. Just do a search for "HIV Immigration Laws."

UAL
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ltbewr
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RE: Entering The USA Is Prohibited To HIV + People?

Tue Jan 24, 2006 3:57 am

One reason for this questionable policy is the fear that a person whom is HIV+ could need hospitalization and it's costs. Unless they have insurance their hospital costs (which are obscenely expensive) the hospital, or a local government may have to bill you directly for those costs or take the hit on their budget. I would assume that it would be impossible for an HIV+ person to get travelers health insurance as have a serious pre-existing condition and if you lied you would get refused payment and that your government's health insurance doesn't cover you outside of your country (of in the EC if from one of the member countries). As to trying to get in anyway, the customs people might notice all of the drugs one has to take if have HIV. I believe that the USA can still also turn away those with other diseases or medical conditions for reasons similar as noted above.
 
dtwclipper
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RE: Entering The USA Is Prohibited To HIV + People?

Tue Jan 24, 2006 6:38 am

Quoting BigOrange (Reply 5):
could be deported and banned for life for lying on the I-94W form

It asks about this in the 194W card?
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AC320
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RE: Entering The USA Is Prohibited To HIV + People?

Tue Jan 24, 2006 6:46 am

Quoting RootsAir (Reply 6):
and HIV people...why don't they just hide they are HIV..

Because they blood test you for HIV as part of the required medical exam for a green card.
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dtwclipper
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RE: Entering The USA Is Prohibited To HIV + People?

Tue Jan 24, 2006 7:00 am

Wow, I just looked this up.

The US policy is crapola!

Despite the consensus among experts that HIV travel bans are unnecessary and harmful to public health (see www.iom.int/en/PDF_Files/HIVAIDS/UNA...tatement_travel_restrictions.pdf), the U.S. still shuts its borders to visitors with HIV. The United States Citizenship and Immigration Service (USCIS) sometimes grants a waiver for HIV positive visa applicants hoping to stay for 30 days or less, according to the "Quick Reference" database. This is for family visits, medical treatment, business travel, or participation in a scientific, health-related conference. Be sure to apply several months in advance, and don't make irreversible travel plans until you hear back -- and you won't hear back until less than 30 days before you hope to enter the U.S. If you are changing planes in the U.S. but not planning to visit, check with your airline about whether you will need to go through customs.

There is no actual HIV test at the airport or border, says Vishal Trivedi, Immigration Project Coordinator at the Legal Services Department of Gay Men's Health Crisis (GMHC) in New York City. But travelers carrying HIV-related literature or HIV medications may be turned over to an immigration official for further investigation, he says. "If there is a determination made by the immigration officer that the traveler is HIV-positive and is traveling without proper HIV waiver clearance, he or she can legally be barred from entry into the United States."

In other words: proceed with caution. "There is no legal requirement that you keep your pills in the original, labeled bottle in which they came," says Ronda Goldfein, executive director of the Philadelphia-based AIDS Law Project. Many people who take medications on a schedule like to use pill organizers, or an attached set of color-coded smaller pill cases for each day of the week. Still, prepare for any possible scenario. "In general," Trivedi warns, "the Department of Homeland Security and the State Department have wide discretion with regard to enforcement of immigration policies." And assumptions that visitors from particular countries of origin have links to "terrorist groups" or drug smuggling mean they "seem to be scrutinized more routinely," he says.

To be on the safe side, he says, travelers-to-be should consult with an immigration practitioner who is familiar with HIV travel restrictions to the United States. For individual consultation, contact the GMHC Legal Services Department at 212-367-1040 or the AIDS Law Project at 215-587-9377. Questions can also be sent to hotline@gmhc.org. The UK's NAM offers more information about entering the U.S. with medication; see "Traveling with Medication," www.aidsmap.com/en/docs/F302D11F-2568-4AF3-9C5F-205ACE027BC1.asp

http://www.thebody.com/atn/409/travel_hiv.html?m93o

[Edited 2006-01-23 23:12:13]
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goaliemn
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RE: Entering The USA Is Prohibited To HIV + People?

Wed Jan 25, 2006 3:30 am

Quoting Steman (Reply 4):
I think this law is against human rights even though apparently it is easy to avoid it

Its a communicable disease with no known cure. TB is another reason people are denied entry. Many countries ban people who have known uncurable, communicable diseases. Its not just the evil US.
 
Stoney
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RE: Entering The USA Is Prohibited To HIV + People?

Wed Jan 25, 2006 4:08 am

Quoting Goaliemn (Reply 13):
Many countries ban people who have known uncurable, communicable diseases.

Well, yes, but: You can't pass on AIDS except through blood contact or sex. So if that doesn't happen...... Nothing happens!
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dtwclipper
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RE: Entering The USA Is Prohibited To HIV + People?

Wed Jan 25, 2006 4:08 am

Quoting Goaliemn (Reply 13):
Its a communicable disease with no known cure. TB is another reason people are denied entry. Many countries ban people who have known uncurable, communicable diseases. Its not just the evil US.

I would not lump HIV into the same category as TB or other illnesses caused by microorganisms. Most diseases are spread through contact or close proximity because the causative bacteria or viruses are airborne; i.e., they can be expelled from the nose and mouth of the infected person and inhaled by anyone in the vicinity. Such diseases include diphtheria, scarlet fever, measles, mumps, whooping cough, influenza, and smallpox. Some infectious diseases can be spread only indirectly, usually through contaminated food or water, e.g., typhoid, cholera, dysentery.

HIV requires direct transmission into the body through secretions, mostly though Sexual contact.

Now, can you stop a visitor from having sex? No, but just by entering the country no further risk to the general population is at hand.

There may not be a cure for the virus that causes HIV/AIDS, however it is manageable.

Are people screened for Hep. C as well?
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