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.