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People Living With HIV Still Refused Entry to USA, Warns UK Gay Health Group
 

LONDON, April 20, 2009  –  Gay men living with HIV remain banned from travelling to the USA unless they have specifically applied for a visa to do so, HIV and sexual health charity Terrence Higgins Trust (THT) warned today.

Despite the recent introduction of an online visa waiver system (ESTA), people with HIV still need to attend an interview at the American Embassy in London before they can travel legally.

THT’s telephone helpline, THT Direct, has recently received calls from people living with HIV who have tried to enter the country by using the online ESTA system, which is an electronic version of the visa waiver process.

In some cases, these people have reached the US border only to be refused entry by immigration control and turned back to the UK, incurring substantial travel costs.

Currently, people with HIV are permanently excluded from the United States except in exceptional circumstances.

Following new legislation passed by the US Congress last year, the HIV entry ban is no longer law, but remains an administrative decision to be ruled on by the Department for Health and Human Services.

THT continues to lobby for the complete lifting of the ban, which it includes as a priority in its policy document ‘25 things the Government can do’.

“While we are pleased that the US Government intend to revisit their entry regulations,it has not happened yet,” Lisa Power, head of policy at THT said this morning.

People with HIV shouldn’t jump the gun by assuming it’s already okay to travel to the US without a special visa.

“Everyone entering the US is still required to state that they have no transmissible conditions, alongside not being a terrorist, a Nazi or a criminal,” she warned.

“People who don’t get the special visa but then disclose their status on entry run the risk of being forcibly deported and banned from entering the US again, so please be aware of the rules before you fly.”

■ Those living with HIV who would like further information on their right to travel internationally can contact THT Direct on 0845 1221 200 from 10am to 10pm weekdays and from 12pm to 6pm weekends, or email info(at)tht.org.uk.

■ See also the US Embassy London visa page applicable to the US Visa Waiver Programme.

■ Progress on the HIV Ban — Two Steps Forward.  HHS forwarded regulations to the Office of Management and Budget (OMB) for review. We won’t know the content of the regulations until HHS publishes them as a proposed rule, but this does look like a positive development. (Immigration Equality, April 14, 2009)

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