Since 1987, aliens infected with the Human Immunodeficiency Virus (1-1 IV) have been inadmissible to the United States on medical grounds. 52 Fed. Reg. 32540 (1987) amending 42 CFR 34.2(b). Until recently, section 212(a)(I)(A)(i) of the Immigration and Nationality Act (the Act) specifical1y required the Depal1mellt of Health and I-Human Services (HHS) to designate HIV infection a "communicable disease of public health significance."

On July 30, 2008, the President signed into law the Tom Lantos and Henry J. Hyde United States Global Leadership against HIV/AIDS, Tuberculosis and Malaria Reauthorization Act of 2008, Public Law No.1 10-293. Section 305 of P.L. 110-293 amends section 212(a)(I)(A)(i) of the Ac. so that HHS is no longer required to designate HIV infection as a communicable disease of public health significance:'

HHS has not amended 42 CFR 34.2(b) to remove HIV infection from the list of diseases that qualify as a communicable disease of public health significance Until HHS does amend 42 CFR 34.2(b). someone with HIV infection, as diagnosed by the civil surgeon or panel physician, remains inadmissible under 212(a)( 1)(A)(1) of .the Act.

Until further notice, aliens who are applying for an immigrant visa or adjustment of status and who are found to have an HIV infection are still required to file Form 1-60 I, Application for Waiver of Grounds of inadmissibility, or, for refugee and asylee adjustment applicants, Form 1-602, Application by Refugee for Waiver of Grounds of Excludability. USCIS adjudicators should continue following existing practices when adjudicating waiver applications under sections 212(g), 207(c)(3), and 209(c) of the Act.