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forbidden entry
Aug 22, 2008

Is it still forbidden entry to US for hiv poz?thanks

Response from Dr. Frascino


See below.

Dr. Bob

Travel To the US Aug 22, 2008

Hi Dr Bob Your replies often bring a smile to my face. I have met a lovely man from New York and wouldn't mind visiting in the future. What is the up to date restrictions on entering your fair country. Greetings from Australia. Robert

Response from Dr. Frascino

Hey Robert,

The law rescinding the travel ban has been passed, but not yet implemented. Generally speaking, just visiting isn't a problem. Just don't mention your HIV status when you go through customs. Technically, with the ban in place, they could stop you. But in reality, this rarely happens for visitors, particularly when they have spunky Aussie accents! See below for the latest on the travel ban law.

G'day mate.

Dr. Bob


Hi there,

I've taken the time to read everything i could find on this site re the travel ban on HIV'ers. However, I have not been able to get a clear answer to my question: what is the current stance on people with HIV wishing to make the US their permanent home? My partner, who has permanent residence status, will be my sponsor. We can get married in our country (South Africa), where same sex marriages are legally recognised, but I realise this means nothing under the US laws. I appreciate you takin the time to read this and hopefully give me an understanding as to what my options/ chances are.

Thank you for your continued effort in giving people answers and i'm sure in many cases, hope.


Response from Dr. Frascino

Hello Albé,

Things are in a state of flux at the moment. Dubya signed a law on July 30 eliminating travel restrictions on HIV-positive foreigners entering the U.S. However, actually doing away with the Department of Health and Human Services' (DHHS) regulation may take a while and I'm guessing probably won't formally take effect until Obama is in the White House.

It's my understanding that DHHS may now be considering a potentially protracted process involving a number of steps, including a 90-day comment period, as the new regulations get posted in the Federal Register. Certainly, the advocacy community (and most of the world community as well!) is determined to press the administration to immediately start the process to lift the travel and immigration ban. But, personally, I wouldn't hold my breath. Certainly, when Obama takes the helm, this obnoxious and discriminatory anti-science and anti-common sense law will become history. Stay tuned! It will happen, eventually.

Dr. Bob

Travel To the US

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