All green card and
visa application forms ask questions designed to find out if any
health related grounds of inadmissibility apply. If the answers to the
questions reveal that there are grounds for inadmissibility, an
applicant can request a waiver. To receive a waiver of
inadmissibility, the applicant does not need to eliminate or disprove
the ground of inadmissibility but instead petitions the Bureau of
Citizenship and Immigration Services to overlook the problem and issue
a green card or visa.
The health related
grounds for inadmissibility are:
1. communicable
diseases;
2. physical or mental
disorders which threaten the safety of oneself or others;
3. drug abusers or
addicts; and
4. failure to
vaccinate against certain vaccine-preventable diseases.
There are waivers
available for most of the health grounds of inadmissibility except for
drug abusers and addicts.
An applicant with a
communicable disease may receive a wavier if the applicant has the
requisite relationship to a
U.S.
citizen or permanent
resident spouse, unmarried child, unmarried minor lawfully adopted
child or parent. And, of course, the applicant must be eligible for
permanent residence status in all respects except for the health
related grounds of inadmissibility.
The most common
communicable diseases for which waivers are sought are tuberculosis
and HIV(AIDS). A waiver applicant with tuberculosis must agree to see
a doctor immediately upon admission and make arrangements to receive
private or public medical care. An HIV+ waiver application must
include evidence that
1. the danger to the
public health of the
United States
created by his or her admission is minimal;
2. the possibility of
the spread of the infection created by his or her admission to the
United States
is minimal; and
3. there will be no
cost incurred by any level of government agency of the
United States
without prior consent of that agency.
HIV+ applicants will
also have to show the following:
1. medical treatment
has been arranged in the
United States
;
2. the applicant is
aware of the nature and severity of his or her medical condition;
3. the applicant has
provided evidence of counseling; and
4. the applicant has
demonstrated a knowledge of the modes of transmission of the virus.
A person with a
physical or mental disorder which threatens the safety of the
applicant or others may receive a waiver if they meet the special
conditions required by the BCIS. The applicant must submit detailed
documentation that shows the person's medical history and, in the case
of mental illness, the applicant must also show that he or she has
recovered. The applicant must have a statement from a hospital or
physician practice affirming that it will examine the immigrant upon
admission.
The applicant who is
found inadmissible for not being vaccinated, may receive a waiver if
1. the applicant
received a vaccination but does not have documentation;
2. the vaccine is
medically inappropriate as certified by a civil surgeon; or
3. having vaccines
administered is contrary to the applicant’s religious beliefs or
moral convictions. There must be an objection to vaccinations in any
form.
The
applicant requests a waiver of inadmissibility on Form I-601
accompanied by $170.00 filing fee. If the applicant is outside the
United
States
the application is submitted to the consul for transmission to the
BCIS. If the applicant is within the
United
States
the application may be made in proceedings for adjustment of status.
Note that waivers can take many months to process.
