Health is a significant factor that is incorporated in immigration to United States immigrant visa processing. Therefore, learning that a simple common cold would not affect your ability to get a visa or green card would not be misleading, but experiencing it firsthand comes with the knowledge that some health issues can critically impact your ability to get a visa or get a green card. In this insightful introduction, we will outline the various types of health grounds that can lead to U.S. inadmissibility and how this will affect your immigration chances.
Health-Related Grounds of Inadmissibility
Class A Conditions
Some certain situations or circumstances disqualify a person from receiving admittance upon entering the United States and one of them is facing a “Class A” condition. These conditions include:
- Communicable Diseases: Having had had within the previous two years a reported, documented communicable disease of public health importance.
- Lack of Required Vaccinations: Not being able to take the necessary vaccinations required by the country to prevent the outbreak of some diseases.
- Mental or Physical Disorders: Suffering a physical or mental condition which makes one end up being a danger to themselves or other people.
- History of Drug Abuse: A history or evidence of substance dependency or nonmedical use of substances.
If you haven’t been formally diagnosed with a health-related substance abuse problem, an arrest record for alcohol or drug violations, such as a DUI, may still lead to inadmissibility due to health issues.
Waivers
However, you should note that, apart from drug abuse and addiction, waivers can address all U.S. health-related grounds of inadmissibility. These waivers offer a clear path for individuals aiming to overcome health-based immigration barriers.
Class B Conditions
There are also ‘Class B conditions’, although they aren’t necessarily the type that will make you inadmissible, however, these conditions are severe enough in that you cannot take care of yourself without assistance, go to school or work, or may need extensive hospitalization or residence in an institution in the future. This creates issues of whether the country will deem you a ‘public charge,’ or an individual who may have to rely on the government to meet their needs.
Discovering Health-Related Inadmissibility
U.S. health-related inadmissibility issues typically come to light during the immigration process when officials review:
- Visa or Green Card Application Forms: Your answers to questions including those concerning your health status or condition.
- Immigration Medical Examination: Your medical bag report to which all the immigrant Visa and permanent resident applicants must undergo the test along with some temporary visitors.
Criminal and Court Records: Documents that come with the application.
- Interviews and Inspections: Any appendices made during these processes.
- Documents or information that may be submitted during the process outlined in these guidelines.
- A close question on application forms asking questions on your history of communicable diseases, substance abuse, and any physical and mental disorder pertains to potential health inadmissibility.
Immigration Medical Examination
Understanding what happens during an immigration medical examination is crucial:
- Medical Record Review: The physician will also ask you about your past medical history.
- Vaccination Assessment: They will make sure that you have all your doses for the relevant vaccines such as COVID-19.
- Physical Examination: A physical examination will be conducted in this study to assess any changes that may have occurred due to the intervention.
- Radiological Tests: Additional features that may be included are Chest X-rays and Laboratory tests.
- Certified Physicians: Foreign applicants need to see a physician who is recognized by the Department of State while those who would be applying for permanent residency if they live in the USA need to see a physician who is recognized by U. S. Citizenship and Immigration Service (USCIS).
- Vaccination Administration: The administering of vaccines, including but not limited to COVID-19, will be done wherever it is needed.
Communicable Disease Ground of Inadmissibility
The CDC updates the list of communicable diseases that can lead to a denial of entry into the U.S. This list includes cholera, plague, smallpox, yellow fever, leprosy, tuberculosis, and new or pandemic flu types like COVID-19. Based on the disease, your examiner may ask about your travel history or conduct tests.
Physical or Mental Disorder Ground of Inadmissibility
An applicant may become inadmissible if a physical or mental condition leads to dangerous behavior. Self-destructive actions, which harm oneself or others, or damage valuable belongings, can negatively impact well-being. However, mental illness alone, if it doesn’t cause harm, doesn’t necessarily make someone inadmissible under immigration law.
Even if a person no longer has a dangerous condition, they might still face inadmissibility if the disease could return. This can lead to more referrals for mental evaluations and a status of inadmissibility due to a history of alcohol and drug-related crimes, including assaults and domestic violence.
Drug Abuse and Addiction Ground of Inadmissibility
Drug use or substance abuse records lead to inadmissibility. Even a single instance of non-medical use of controlled substances counts as abuse. Drug tests may be required during the medical exam based on job requirements. If you have violated drug or alcohol laws in other countries, it’s wise to avoid applying for a U.S. visa or residency to prevent inadmissibility on criminal or narcotic grounds.
Vaccinations and Inadmissibility
To obtain a green card or immigrant visa in the U.S., applicants must meet vaccination standards, even with a temporary visa. Required vaccinations include those for the flu, measles, mumps, rubella, and COVID-19. Flu shots must be administered between October and March. To avoid unnecessary costs, bring your vaccination certificates to confirm compliance. Note that a special circumstances clause may allow exemptions based on religious beliefs.
Pregnancy as an Issue for Visitor Visa Applicants
Pregnancy doesn’t directly impact B-2 visitor visa eligibility, but it can affect an application. In 2020, the U.S. State Department introduced rules to counter “birth tourism,” where individuals seek U.S. citizenship for their child by giving birth in the U.S.
Under these rules, a pregnant noncitizen may face the presumption of pursuing U.S. citizenship for their child if they plan to give birth during their visa’s validity.
To obtain a tourist visa while pregnant, applicants must either provide a valid reason for their visit or confirm they won’t give birth in the U.S. for citizenship.
Navigating the health-related grounds of inadmissibility is a crucial aspect of the U.S. immigration process. Understanding these complexities and seeking legal guidance when necessary can significantly impact your eligibility for a visa or green card. For personalized advice and assistance tailored to your unique circumstances, consulting with an immigration attorney is highly recommended.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a B-1/B-2 Visitor Visa or F-1 Student Visa, we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to do the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
