 THE ABC'S OF IMMIGRATION - INADMISSIBILITY - WAIVERS FOR HEALTH GROUNDS
Beginning in 1957, responding to hardships caused by inadmissibility based on a diagnosis of tuberculosis, Congress began creating waivers of inadmissibility. In 1963 the waivers became a permanent part of immigration law. Today, waivers are available for most of the health related grounds of inadmissibility, but not for drug abuse and addiction.
The waiver for communicable diseases is available to spouses, minor children and unmarried sons and daughters of citizens and permanent residents. The waiver for vaccinations is available in one of two ways. First, a physician can make the determination that the vaccine is medically contraindicated. The second way is based on religious beliefs or moral convictions that forbid the immigrant from obtaining the vaccination. Waiver of the physical and mental disorder is also available.
If the waiver is required because of tuberculosis, the following requirements must be satisfied. First, the immigrant must agree that upon admission to the US they will immediately see a doctor to whom they will present medical records relating to their diagnosis. The sponsor of the immigrant must present evidence that arrangements have been made for the immigrant’s medical care once in the US.
Waivers are available for people who test positive for the HIV virus and for AIDS. To obtain the waiver, the immigrant must show a number of things. First, they must demonstrate that their admission would not be a risk to US public health. Second, they msut show that there is not much likelihood they will spread the condition. Third, they must show that their condition will not impose any costs on any government agency without the agency’s prior consent. Generally, the immigrant will have to show that they have arranged for medical treatment in the US, that they are aware of the seriousness of their condition and how it is spread, and a notice of formal consent from a government agency that it will be responsible for treatment.
Waivers of the physical or mental disorder ground of inadmissibility are available, but require substantial documentation. First, the immigrant must submit a medical report containing their complete medical history, including details about any hospitalizations. The report should also include an examination by a psychiatrist. If the immigrant has a history of mental illness, the report should include information that would support a finding that the immigrant has recovered. Once the report is found acceptable, the immigrant must submit a statement from a hospital or physician that it will examine the immigrant upon their arrival in the US.
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