O 062345Z MAY 08
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE IMMEDIATE
UNCLAS STATE 048125
E.O. 12958: N/A
TAGS: CVIS, CMGT
SUBJECT: BLANKET WAIVER FOR UNGA SPECIAL SESSION ON HIV/AIDS
1. The United Nations (UN) General Assembly High-Level Meeting on HIV/AIDS will occur from June 9-11, 2008, in New York City. There are additional preparatory meetings to be held on May 4-10, 2008 and June 6-12, 2008.
2. The Department of Homeland Security has exercised discretionary authority under section 212(d)(3) of the Immigration and Nationality Act (INA) to grant a blanket waiver for HIV infected visa applicants seeking to enter the United States to attend this event. Under the blanket waiver policy, Consular officers are authorized to grant waivers of inadmissibility under section 212(d)(3)(A)(i) of the INA to aliens seeking temporary admission for the purposes of attending the meetings, but who are inadmissible under section 212(a)(1)(A)(i) of the INA due to HIV infection. Consular officers are authorized to grant section 212(d)(3)(A)(i) waivers without seeking the concurrence normally required by DHS. In order to qualify for the waiver, applicants need to demonstrate that they are traveling to the United States to attend this event.
3. Applicants are required to answer question 38 of the DS-156 visa form as it relates to HIV/AIDS infection. The consular officer will process the visa application in accordance with the special blanket waiver procedures listed below if the alien is otherwise admissible to the United States.
4. A single or multiple entry B1/B2 visa, depending on reciprocity and the officer's determination of need, should be issued to qualified applicants for the period of the meetings and reasonable allowance for travel time, for a total period of time from May 1 through June 15, 2008. Consular officers should advise HIV/AIDS infected applicants that the visa may be issued on Form OF-232 to avoid a permanent record in the applicant's passport. The notation "212(d)(3)(a): UNGA" should appear in the annotation field of the visa to alert CBP inspectors at ports of entry that the individual is traveling to attend a designated event and falls within the ambit of the special blanket waiver procedures. Upon arrival at the port of entry, the alien must submit evidence that they seek to enter the United States to attend a designated event.
5. Department has not/not received a list of attendees.