As a rule, applicants who are HIV positive may not receive a visa. Here is the exact language of the US immigration law addressing this matter:

Section 212(a)(1)(A)(i) of the Immigration and Nationality Act prohibits the issuance of an immigrant visa to any person who has a communicable disease of public health significance.  Human immunodeficiency virus (HIV), which may lead to acquired immune deficiency syndrome (AIDS), is such a disease.

However, a waiver of ineligibility could be recommended by the consular officer if:

Visas for temporary visits to the United States (Nonimmigrant visas):

(1)        Public benefit of such visit outweighs any risk to the public health; and

(2)        Alien is coming for 30 days or less.

A consular officer could recommend a waiver for an applicant coming to the United States for humanitarian reasons, such as attending academic or health-related activities (including seeking medical treatment), to conduct temporary business or to visit family.  Entry into the United States for tourism essentially does not constitute the requisite public benefit to overcome the risk. The consular officer must send the recommendation to the INS office abroad having jurisdiction over the consular district for concurrence.

Applicants for temporary visas do not medical tests. However, there is a question on the application form that relates to the applicant's medical condition.

Immigrant Visas:

An HIV-positive applicant who is the spouse, unmarried son or daughter (regardless of age), or child of a U.S. citizen or legal permanent resident (green card holder), or who has a son or daughter who is a U.S. citizen or legal permanent resident, may apply for a waiver of ineligibility to overcome this ground of exclusion.  The consular officer will determine whether a qualifying relationship exists.  If so, the officer will assist the applicant in applying for the waiver.  It is important to remember that the U.S. Immigration and Naturalization Service (INS), not the consular officer, decides whether a waiver may be granted.

All applicants for Immigrant Visas must go through mandatory medical examination. During the immigrant visa medical examination, the physician tests all applicants over the age of 15 for HIV infection.  In cases in which the physician has reason to believe that a child under age 15 might be HIV-positive, he or she may require that the child undergo a blood test.  In any case in which the applicant is found to be HIV-positive, the consular officer is required by U.S. law to deny the visa.

Hope this information helps.

Thank you,

Nonimmigrant visa unit.

* במידה וקיימים הבדלים בין התשובה המקורית של השגרירות לבין התרגום שלנו, כמובן שמה שקובע ומחייב זה המקור באנגלית.