Inadmissibility In U.S. Immigration

Health-Related Grounds Of Inadmissibility In U.S. Immigration: What You Need To Know And How To Overcome It

When applying for a U.S. visa or green card, most applicants are required to undergo a medical exam by a designated civil surgeon or panel physician. During this exam, certain health-related conditions may result in a finding of inadmissibility. While this can be alarming, there are legal options and waivers available that can help many applicants resolve these issues.

As a New York immigration lawyer with years of experience handling complex inadmissibility cases, I’ll walk you through:

• Which health conditions lead to inadmissibility
• Exemptions for adopted children
• The latest updates from the CDC, WHO, and U.S. Executive Orders
• Waivers and legal remedies you can use to overcome a health-related bar to immigration

What Is Health-Related Inadmissibility?

Section 212(a)(1) of the Immigration and Nationality Act (INA) outlines specific health conditions that can make an applicant inadmissible to the U.S. These include:

1. Communicable diseases of public health significance
2. Physical or mental disorders associated with harmful behavior
3. Drug abuse or addiction
4. Failure to provide proof of required vaccinations

Diseases That Trigger Inadmissibility

According to the Department of Health and Human Services (HHS) and the CDC, the following diseases are considered of public health significance and can lead to inadmissibility:

Communicable Diseases of Public Health Significance

1. Tuberculosis (active)
2. Syphilis (infectious stage)
3. Gonorrhea
4. Chancroid
5. Granuloma inguinale
6. Leprosy (infectious)
7. Lymphogranuloma venereum

Diseases Listed by Presidential Executive Order

1. Cholera
2. Diphtheria
3. Plague
4. Smallpox
5. Yellow fever
6. Viral hemorrhagic fevers (like Ebola, Lassa, Marburg)
7. Severe Acute Respiratory Syndrome (SARS)

Diseases of International Concern (WHO-Designated)

Under the World Health Organization (WHO) and 42 C.F.R. §34.2(b), even a single case of the following diseases requires mandatory reporting and can result in inadmissibility:

1. Smallpox
2. Wild-type poliovirus
3. Pandemic influenza
4. SARS

HIV Status No Longer Grounds for Inadmissibility

As of November 2, 2009, HIV is no longer considered a ground of inadmissibility. This was established by the U.S. Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008 and confirmed in federal court rulings.

What Is the Risk-Based Approach?

The CDC and HHS use a "risk-based approach" to determine whether a disease poses a significant threat to public health. Factors considered include:

• How serious the disease is
• Whether it’s spreading in unusual ways
• How likely it is to spread in the U.S.
• The severity of symptoms and transmission rate
• The effectiveness of control measures
• Regional disease outbreaks near the applicant

Diseases currently monitored under this approach include:

• Pneumonic plague
• West Nile fever
• Dengue fever
• Rift Valley fever
• Meningococcal disease

Note: This additional screening applies only to visa applicants outside the U.S.. Adjustment of Status (AOS) applicants inside the U.S. are not subject to additional screenings under the risk-based approach.

Inadmissibility Due to Mental Health and Substance Use

You may be found inadmissible if you have:

• A physical or mental disorder with associated harmful behavior
• A history of drug addiction or substance abuse

Practical Tip: Work with a psychiatrist or medical professional to document your treatment and progress. Proof of recovery, such as participation in rehabilitation programs and medical records, can support a waiver request.

Vaccination Requirements (And Exemptions)

Applicants must show proof of vaccinations against:

• Measles, mumps, rubella
• Polio
• Tetanus and diphtheria
• Pertussis
• Hepatitis B
• Influenza (seasonal)
• Other CDC-recommended vaccines

Exemptions for Legally Adopted Children

Certain adopted children 10 years of age or younger are exempt from vaccination requirements if:

• The child is an orphan or was legally adopted abroad
• The U.S. citizen adoptive parent is sponsoring the child under INA §201(b)
• The parent executes an affidavit confirming they will ensure the child receives the required vaccinations within 30 days of entry or when medically appropriate

This exemption is allowed under INA §101(b)(1)(F) and §101(b)(1)(G).

How Can You Overcome Health-Based Inadmissibility?

1. Apply for a Waiver (Form I-601)

If you're found inadmissible, you may be eligible for a waiver under Form I-601, Application for Waiver of Grounds of Inadmissibility. You must show:

• Your condition is under control or no longer active
• You are not a public health threat
• A U.S. citizen or LPR relative would suffer extreme hardship if you're denied

Tip: Strong waiver applications include doctor letters, lab results, psychiatric evaluations (if needed), and expert legal arguments. Always consult an experienced immigration lawyer.

2. Seek Re-Evaluation

Medical exams must be conducted by designated panel physicians or civil surgeons. However, they can only make recommendations, not final legal decisions.

If you believe a diagnosis was incorrect or outdated, you may request a second opinion or submit new medical evidence for consideration.

3. Apply for a Vaccination Waiver

You can request a waiver for vaccines based on:

• Medical contraindications, backed by a doctor’s note
• Religious beliefs, supported by a personal affidavit and documentation

This also requires Form I-601 and must be carefully documented.

Key Legal Insights

• A Department of State officer cannot declare you medically inadmissible without a report from a panel physician (9 FAM 40.11 N7.3).
• A panel physician cannot make a final legal determination—only a medical recommendation (9 FAM 40.11 N7.1).
• Diseases added by WHO or Executive Order may still result in inadmissibility even if not widespread.

Work With a Trusted Immigration Attorney

Facing inadmissibility on health-related grounds doesn’t mean your case is over. Many applicants have successfully navigated these obstacles with proper legal support.

As an experienced USA immigration lawyer, I can:

• Help you gather strong medical evidence
• File detailed and persuasive waiver applications
• Challenge improper medical findings
• Guide you through vaccination waivers and adopted child exemptions

At Shautsova Law, we have successfully helped clients resolve medical inadmissibility issues and secure their visas or green cards. If you have concerns about health-related grounds for inadmissibility, contact us today for a confidential consultation.

Contact Us Today for a Confidential Consultation

• Call us at 917 885 2261
• Email us at office@shautsova.com

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Don’t let a medical diagnosis determine your future—get the legal help you need today.

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