USA

We found no evidence of any official restrictions on entry to the United States based on HIV status.

According to UNAIDS, the United States does not have any HIV-related restrictions on entry.

According to the US Citizenship and Immigration Services, ‘as of January 4, 2010, human immunodeficiency virus (HIV) infection is no longer defined as a communicable disease of public health significance according to HHS regulations. Therefore, HIV infection does not make the applicant inadmissible on health-related grounds for any immigration benefit adjudicated on or after January 4, 2010, even if the applicant filed the immigration benefit application before January 4, 2010. The officer should disregard a diagnosis of HIV infection when determining whether an applicant is inadmissible on health-related grounds. The officer should administratively close any HIV waiver application filed before January 4, 2010.” Other STI’s might be controlled for and subject to testing.

Customs regulations require people entering with prescription medication like antiretroviral drugs to carry a doctor’s certificate in English, stating that the drugs are required to treat a personal condition. This requirement is strictly enforced by U.S. customs authorities and it applies to all prescription drugs.

We found no evidence of any official restrictions on short-term stay in the United States based on HIV status.

According to UNAIDS, the United States does not have any HIV-related restrictions on short-term stay.

A citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a non-immigrant visa for temporary stay, or an immigrant visa for permanent residence. Similarly, a student visa (F or M) is required to study in the U.S. Foreign nationals may not study after entering on a visitor (B) visa or through the Visa Waiver Program (VWP), except to undertake recreational study (non-credit) as part of a tourist visit. There is no requirement related to HIV for these visas.

We found no evidence of any official restrictions on long-term stay in the United States based on HIV status.

According to UNAIDS, the United States does not have any HIV-related restrictions on long-term stay.

On 10 July 2004, Senator Kerry promised that HIV-related entry restrictions would be lifted if he was elected as president. The re-election of George W. Bush temporarily removed the subject from the agenda.

On 1 December 2006, the President Bush announced his plans to change the entry regulations for short-term tourism visas and business trips.

On 30 October 2009, during a ceremony at the White House, US President Barack Obama announced that all restrictions affecting people with HIV from entering or migrating to the United States will be lifted. The legislation banning entry for PLHIV was in effect since 1987. The new legislation took effect on 4 January 2010. This great success was due to the tireless efforts of many NGOs globally. The international cooperation between DAH, IAS, EATG, ILGA, GNP+, UNAIDS and the Global Fund also put pressure on the US.

The following summarises available information on access to healthcare for people living with HIV in the United States. There is no evidence that non-nationals are restricted from accessing treatment in the same way as nationals.

There is no national health care coverage in the United States. The U.S. Department of State requires exchange visitors on a J (exchange visitor) and their dependents be covered by medical insurance for the length of their program. While the State Department has no specific insurance requirements for international students and their dependents on an F visa, many universities require all international students to purchase health insurance. Visiting students living with HIV are encouraged to evaluate health insurance options for coverage of HIV medical services, notably antiretroviral medications.   

Visiting students with HIV experiencing any problems, including anticipated medication shortages, should contact a community-based organisation in the state they are temporarily residing. Some safety net programs are available to assist people with HIV with non-immigrant status (including F, M, and J visas), depending on their income and other criteria.

Emergency rooms cannot turn away any patient in need of care, so people with HIV can go there. They will however be billed for the entire amount, which could be huge.  Regular care will also be self-pay. Unless the patient’s country of residence has a mechanism for paying for out of country care, or they have travel insurance, it will be out of pocket.

Some information specific to women on how to access HIV care in the US is available from the Well Project.

See also here for general information on how to access HIV care and the various federal programmes available for people without insurance or under-insured.

• UNAIDS
• US Citizenship and Immigration Services
• Department of State
• Well Project
• HIV.gov

Migrant populations

Refugees and asylum seekers