There are two things to be aware of if you are HIV+ and travelling to the USA:

• The law relating to visiting the country if you are HIV+ and
• How to enter the country legally
  

The law relating to entering the USA if you are HIV+

A detailed history of the bar on people with HIV entering the USA can be found by doing an internet search. However, in essence, this is what happened and where we are today, to the best of our knowledge and from feedback we have received from our clients:

The USA, along with other countries, has restrictions on the entry to the country if you are HIV+.

In 1987, because of the widespread fear of HIV, the Department of Health and Human Services (HHS) introduced an administrative policy restricting entry to the USA. However, in 1991 they reversed their position and they tried to reverse the policy.

Even though two Adminstrations (one Republical, the other Democrat) attempted to reverse the policy, Congress turned the policy into law in 1993.

On December 1, 2006, President Bush announced that his administration would create a “categorical” waiver to the HIV bar.

Whilst the letter of the law still bars people who are HIV+ from entering the USA, there are situations when that bar can be waived. For example, if someone is travelling to the USA to attend a conference or if they can show that their HIV is "controlled", and that they will not be risk to public funds because they have HIV inclusive travel insurance (such as ours).

We have had several reports from clients who have applied for a visa, disclosing their HIV status and they have been granted. One was for 3 years, one for 5 and another for one year with a maximum stay of 31 days per trip for holiday purposes.

Entering the country legally

Visitors to the USA enter either using the visa waiver system or by having a visa.

The law says that if you are HIV+ (and therefore deemed to have a "communicable disease") you are not entitled to enter the country under the visa waiver system. You must hold a visa, with the HIV bar being waiverd, to enter the country legally.

Immigration officers (we are told) have an element of discretion. This can work against you as well as for you!

If you happen to be spot checked and you are carrying HIV medication, you could be refused entry to the USA and sent home. Please note that you would be deemed as not having obeyed the laws of the country and your travel insurance policy will not cover you for additional air fares.

Some people post medication ahead to friends. However, if this is intercepted by US customs, the people receiving the medication could be breaking the law and be penalised. This could well result in you not being allowed to enter the US in the future.

If you are not carrying medication and you are spot checked, there is obvioualy less risk that it will be discovered that you are HIV+. However, you are still breaking the law by attempting to enter under the visa waiver system.

The only legal way to enter the USA is by obtaining a visa that has the HIV bar waived.

Details of how to apply for a US visa can be found here