Medical Grounds of Inadmissibility
This guide provides guidance for applicants who may be inadmissible to immigrate to the United States due to medical reasons.
Grounds of Inadmissibility under Sec. 212. [8 U.S.C. 1182]Any alien who is determined to 1) have a communicable disease of public health significance; or 2) has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine preventable diseases; or 3) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or 4) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or 5) who is determined to be a drug abuser or addict, is inadmissible.
Communicable Diseases as Defined under Sec. 212. [8 U.S.C. 1182]Applicants who have communicable diseases of public health significance are inadmissible. These include:
Gonorrhea, Leprosy, infectious, Syphilis, infectious stage, Tuberculosis (TB), Active--Only a Class A TB diagnosis renders an applicant inadmissible to the United States. Under current Centers for Disease Control and Prevention (CDC) guidelines, Class A TB means TB that is clinically active and communicable.
Quarantinable diseases designated by any Presidential Executive Order. Current diseases include: cholera, diphtheria, infectious tuberculosis, plague, smallpox, yellow fever, viral hemorrhagic fevers, severe acute respiratory syndromes, and influenza caused by novel or re-emergent influenza (pandemic flu).
Communicable diseases that may pose a public health emergency of international concern and for which the Director of the CDC has determined that (A) a threat exists for importation into the United States, and (B) such disease may potentially affect the health of the American public.
HIVAs of January 4, 2010, HIV infection is no longer defined as a communicable disease for purposes of admissibility to the United States. Accordingly, any immigration benefit adjudicated on or after January 4, 2010, even if the applicant filed the immigration benefit application before January 4, 2010 is not impacted by a positive test for HIV.
Waivers for InadmissibilityA waiver is available under INA 212(g)(1) for INA 212(a)(1)(A)(i) (communicable disease of public health significance). These are available for an applicant who is
(A) the spouse or the unmarried son or daughter, or the minor unmarried lawfully adopted child of a United States citizen, or of an alien lawfully admitted for permanent residence, or of an alien who has been issued an immigrant visa, (B) has a son or daughter, who is a United States citizen, or an alien lawfully admitted for permanent residence, or an alien who has been issued an immigrant visa; or (C) is a VAWA self-petitioner
Note that such waivers under INA 212(g)(1) are discretionary.