When admitting applicants that want lawful permanent status into the United States, the USCIS will deny entry for those considered to pose a health risk. The only way to overturn this is if the applicants procure a waiver for health-related grounds of inadmissibility.
This waiver allows for immigrants needing medical care to enter the United States. By submitting the waiver, immigrants will be on their way to getting medical attention and getting a lawful permanent status.
How Do I Get The Waiver?
I Have a Disease
The Immigration and Nationality Act (INA) allows USCIS to use their own judgment when deciding to let someone into the U.S. if they have a disease. If an immigrant is granted admission, then they must make arrangements to see a doctor or other medical professional immediately once they are given passage into the country.
To qualify for admission under USCIS guidelines, the applicant may have to prove that they have a qualifying relationship. The relationship must be one of the following:
The child, parent, adopted minor, spouse, or unmarried daughter or son of:
A U.S. citizen
A person who has an immigrant visa
The applicant is a self-petitioning child or spouse
The applicant is the fiancé(e) of a U.S. citizen (or the fiancé(e)’s daughter or son)
Once the relationships have been established, the alien files an application for admission and must prove she or he is eligible to enter the United States. Among other things, she or he must pass a medical exam. If she or he is found ineligible for health-related reasons, such as for having a contagious disease, she or he may be barred from entering the country.
However, the applicant can file a waiver to overcome this bar to admission. Once this waiver is filed, the USCIS will consult the Center for Disease Control (CDC) and submit any applicable forms and documents on the applicant’s behalf. The CDC will then give their opinion on an applicant’s case in roughly 4 weeks.
I Didn’t Get the Right Vaccines
If an applicant wishes to get lawful permanent status or adjustment of status, but they have not received the proper vaccinations, they may receive a waiver because of one of the following reasons:
Getting the required vaccines are against the applicant’s religious beliefs
If the applicant sincerely opposes any and all forms of the vaccine on moral or religious grounds, the USCIS may grant a waiver. There must be evidence of this moral or religious belief in some manner, such as testimonies from other members of their congregation/friends who may share similar views.
A USCIS-approved medical professional says that the vaccine(s) would not be in the applicant’s best interest
The vaccine may not be medically appropriate if one of the following applies:
- The vaccine is not appropriate for the applicant’s age
- There is not enough time to complete the series of vaccinations
- It is not flu season
- There is a shortage of vaccine
- It is not logical to administer the vaccine
The applicant has gotten the vaccine by the date of the decision on the visa but neglected to mention it on the application
The USCIS can dispense this waiver without requiring any additional forms to be filled out. There may be a request for evidence that proves that the vaccine was given to the applicant.
I Have a Potentially Harmful Disorder
If an applicant has a mental or physical disorder and agrees to see a medical professional upon immediate entry into the U.S., then the applicant may be given a waiver.
Applicants with significant disorders do not need to have any qualifying relationships. They may be asked to supply documentation which corroborates claims, but that may be the only requirement.
After the CDC reviews the necessary documents, the applicant may receive the waiver.
Do You Qualify Under These Conditions?
If you live in or around San Antonio or are looking to come into the city, the law offices at Salmon-Haas can help you with any immigration related waivers. Our team has helped hundreds of people with their immigration statuses. If you think you qualify for a waiver for health-related grounds of inadmissibility, contact our team now to schedule your consultation.