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Health Related Ground

 

Individuals with certain communicable diseases of significant public interest, individuals with certain physical and mental conditions, and individuals who failed to obtain the required vaccination or proof of them are inadmissible on health-related grounds. Many waivers of inadmissibility for Immigrant Visas are available for individuals applying for immigrant visas and for permanent residents in deportation and removal proceedings.

 

(1) Chancroid.

(2) Communicable diseases as listed at http://www.cdc.gov 

(3) Communicable diseases that may pose a public health emergency of international concern as defined  in § 34.3(d) and for which the CDC Director has determined

(A) a threat exists for importation into the United States, and

(B) such disease may potentially affect the health of the American public.

(4) Gonorrhea.

(5) Granuloma inguinale.

(6) Leprosy, infectious.

(7) Lymphogranuloma venereum.

(8) Syphilis, infectious stage.

(9) Tuberculosis, active.

 

INA §212(g) waiver is available for spouse, parent or unmarried child of U.S. citizen or permanent resident and VAWA petitioners.
Mental or Physical disordersINA §212(a)(1) waivers are granted at the discretion of DHS in consultation with HHS. Waiver is not available to drug abusers.
Failure to obtain vaccinations

Waiver under INA §212(g)(2)  if

  • Person receives vaccination but does not have documentation;
  • Vaccination is not medically appropriate;
  • Vaccination violates the religious believes.

If you are interested in learning more about Health Related Grounds for Inadmissibility, please contact Immigration Attorney Irina Vinogradsky for more information!