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Traveling to the United States

The entire team here in Chicago is committed to making your trip to the United States and to Chicago as welcoming as possible. Recent new travel restrictions for those coming into the United States have received widespread publicity worldwide. However, for the great majority of people coming from other nations to Chicago for Gay Games VII, US immigration policies will not be difficult.

The United States welcomes millions of international visitors every year. Foreign citizens who wish to travel to the United States should consult their travel professional or visit the Department of State website to learn what documentation will be required upon entering the United States. You may use the following link to learn more about what those requirements are http://www.travel.state.gov/visa/visa_1750.html. You may also contact your local travel agent for information as these professionals are accustomed to immigration policies.

There are 27 countries which participate in a Visa Waiver Program (“V.W.P.”) which permits their respective citizens to travel between them without the need of a Visa. Although not technically a V.W.P. country, Canadian citizens can also visit the U.S. without a visa. More than 90% of the non-US citizens who will come to Chicago for Gay Games VII come from countries in the Visa Waiver Program and Canada. In some cases a machine-readable passport is required. For further details on which countries participate in the V.W.P. and where a machine-readable passport is required please visit http://www.travel.state.gov/visa/temp/without/without_1990.html.

For athletes, artists and fans who are citizens of nations where visas are required, Chicago Games, Inc. may be required from time to time to play a role in issuing letters of invitation or responding to inquiries from local authorities or U.S. consulates regarding your pending travel to Chicago for Gay Games VII. If you or your organization requires such a letter or response, please contact us at info@gaygameschicago.org, providing us with as many of the pertinent details as possible, and we will respond.

Please be aware, however, that it can be difficult for citizens of developing countries to obtain visas to the U.S. A letter of invitation from the Gay Games is not a guarantee that your application for a visa will be granted. All tourist visa applicants must overcome a “presumption of immigrant intent.” In other words, it is up to you as a visa applicant to prove to the U.S. consulate that your ties to your home country are so strong that you would not be likely to remain in the U.S. in violation of your visa. An applicant for a tourist visa can demonstrate ties to her/his home country by, among other things: owning real estate, having a good job, being enrolled in a university, having close family ties, etc.

HIV and Immigration Law
In addition to passport and visa requirements some nations have adopted Immigration policies for those who are HIV-positive. Currently there are 19 countries that have such policies including: Armenia, Bangladesh, Brunei, Canada, China, Colombia, Cuba, India, Indonesia, Iraq, Oman, Qatar, Russia, Solomon Islands, Syria, Thailand, United States, Uzbekistan and Venezuela. The policies of the United States are unfortunately restrictive. Chicago Games, Inc. does not believe that these policies represent fair treatment of those who live with HIV or AIDS. We hope that the Gay Games will help draw attention to this issue and that the policy can be repealed or improved in the future. However, we must abide by current United States law, as must those coming to Chicago for Gay Games VII, so we provide the information below to help smooth the way.

In the past, the United States has granted permission to HIV-positive foreign citizens to enter the United States under a designated event waiver. Gay Games IV in New York (1994) was granted such a waiver as have other events deemed in the public interest. Chicago Games, Inc., in cooperation with the Federation of Gay Games, Immigration Equality (a US-based non governmental organization that works on immigration issues of interest to the LGBT and HIV positive communities), and local legal and HIV/AIDS experts are working cooperatively to apply for such a waiver.

Facts about HIV and Immigration
Significant portions of this Facts section of our website are reproduced with permission of Immigration Equality, 350 West 31st Street, Suite 505, New York NY 10001, www.immigrationequality.org , Phone: 212.714.2904, Fax: 212.714.2973, Email: info@immigrationequality.org.

Current Immigration law renders all foreign nationals who are HIV positive “inadmissible” to the United States. This means that whether a foreign national seeks to enter the U.S. on a temporary visa, or permanently immigrate to the U.S., s/he is barred under U.S. immigration law unless s/he seeks and obtains a waiver of her/his HIV status.

What is the HIV Ban?

• In 1993 Congress amended the Immigration and Nationality Act to statutorily designate HIV a “communicable disease of public health significance.”
• Any foreign national applying for legal permanent residence (a “green card”) in the U.S. must undergo a medical examination which includes an HIV test. If the applicant tests positive, her/his application for legal permanent residence will be denied, unless s/he qualifies for an HIV waiver.
• Foreign nationals who seek to visit the U.S. temporarily (as a tourist; student; or temporary worker) do not undergo a medical examination. Each entrant is asked, however, whether or not s/he has a “communicable disease of public health significance.” If s/he answers this question “yes,” s/he will be denied admission to the U.S. unless s/he qualified for an HIV waiver.

Is there any way to enter the U.S. if a person is HIV positive?
• YES. An HIV positive foreign national may enter the U.S. by obtaining special permission, or a “waiver” of the HIV ban. The requirements for an HIV waiver differ based on whether the applicant is seeking permanent admission to the U.S. (a “green card”) or temporary permission to visit the U.S.

What are the types of waivers available for non-immigrant (Temporary) Visas?
• There are two types of waivers for applicants seeking non-immigrant visas. Foreign nationals coming to the U.S. for the Gay Games would probably enter under the “Designated Event” waiver.

Routine HIV Waivers:
• Routine waivers are available for a maximum of thirty (30) days. This means that there is no HIV waiver available for long-term non-immigrant visas such as student visas, or H1B skilled worker visas.
• An HIV positive non-immigrant can apply for a “routine” HIV waiver based on humanitarian reasons. Reasons which the U.S. considers humanitarian include: to attend a conference, receive medical treatment, visit close family members or conduct business.
• A “routine waiver” applicant must demonstrate:
• S/he is not currently symptomatic;
• the proposed visit to the U.S. is for 30 days or fewer;
• the person has sufficient assets such as insurance to cover and medical care that might be required while in the U.S. and
• the person will not pose a danger to public health in the U.S.

Designated Event Waivers:
• The Attorney General may authorize blanket waivers for all foreign nationals seeking to enter the U.S. to participate in a “designated event,” if such event is deemed in the public interest. The waiver is granted for a maximum of ten (10) days.
• In the past, international sports event (such as the Gay Games) and many educational conferences have qualified for blanket waivers. Chicago Games, Inc., is working to secure a Designated Event Waiver for Gay Games VII.
• To be eligible for this blanket waiver an applicant must:
• Seek entry only for the duration of the designated event;
• disclose that s/he is HIV positive on her/his visa application.
• Standing practice is that the visa and waiver are placed on a special form stapled into the applicant's passport so that there is no permanent record in the passport. In addition, if the blanket waiver citation is on that form, Inspectors at the port-of-entry are not allowed to query the person as to their health status.
• It is very important to understand, however, that any applicant who discloses her/his HIV status for the purpose of entry under the “designated event” waiver, may be prevented from entering the U.S. in the future. Once the United States is aware of a foreign national’s HIV positive status, s/he will probably not be able to enter the U.S. again in the future without applying for and receiving a waiver. Keep in mind:
• There is no HIV waiver available for long-term non-immigrant visas such as student visas or work visas.
• Although they are called “routine,” it is not that easy to obtain an HIV waiver as a non-immigrant visitor.
• HIV waivers for legal permanent resident applications are only available to applicants with U.S. citizen or legal permanent resident immediate relatives (opposite sex spouses; children; or U.S. citizen parents, if the applicant is unmarried); or those who have been granted political asylum or refugee status; or those who have been victims of domestic violence by their U.S. citizen or legal permanent resident spouse or parent.

For more information about the requirements for obtaining an HIV waiver as a legal permanent resident, please see Immigration Equality’s website, www.immigrationequality.org, or contact Immigration Equality at info@immigrationequality.org.

Can Non-US Citizens get any medical aid from the government while in the U.S.?
• The only government aid that is available to foreign nationals without permanent legal status in the U.S. is Emergency Medicaid. If you have an acute or life-threatening injury or illness, you can visit a hospital emergency room, and your health must be stabilized regardless of your ability to pay.
• Some states allow individuals with HIV to obtain HIV-related primary health care and HIV medication through the AIDS Drug Assistance Program.
• Chicago Games, Inc., will provide some health, safety and medical services to Gay Games VII participants through medical professionals and with the assistance of local LGBT/AIDS health service organizations.  Contact us at info@gaygameschicago.org if you have specific questions.