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Further Guidance on End of HIV Ban

Last week, USCIS amended its Adjudicator’s Field Manual (AFM) and put out further guidance on how immigration applications will be treated during the next month and after January 4, 2010 when the HIV ban is finally lifted.

Most of the memo recaps what we have already said: until January 4, 2010, USCIS won’t deny applications based solely on HIV; after that date there will be no need for waivers and HIV will not be part of the medical exam, and there will not be refunds for waiver fees already paid.

The memo does go on to state that applications that were denied after July 2, 2009 (the date the final regulations were published) can be reopened via motion to reopen, with the proper filing fee.

To me, the best part of the memo is reading that section after section of the AFM which deals with the HIV ban is “deleted in its entirety.”