Illness can be a ground for inadmissibility to the U.S.
Aliens who are infected with highly communicable disease of public health significance such as HIV or tuberculosis are inadmissible. The law however provides a waiver for those afflicted aliens (i) who is the spouse or the unmarried son or daughter, or the minor unmarried lawfully adopted child, of a US citizen, or permanent resident, or of an alien who has been issued an immigrant visa; (ii) or has a son or daughter who is a US citizen, or permanent resident; or (iii) in accordance with such terms, conditions, and controls, if any, imposed by the Attorney General in consultation with the Secretary of Health.
Another health related ground of
inadmissibility is failure to present documentation of having received
vaccination against vaccine preventable diseases, such as mumps, measles,
rubella, polio, tetanus and diphtheria toxoid, pertussis, influenza type B and
hepatitis B.
To overcome this vaccination issue, the
alien must (1) obtain the vaccinations for which he has originally failed to
present documentation; or (ii) obtain a medical prescription from a Department
of Health and Human Services authorized physician that the vaccination would be
medically inappropriate; or (iii) demonstrate that the vaccination requirement
would violate his religious beliefs or moral convictions.
The third health related ground of
inadmissibility is physical or mental disorder that my posse, or has posed a
threat to the property, safety, or welfare of the alien or others.
Discretionary waiver of this ground is also available to the alien.
The fourth health related ground of
inadmissibility covers aliens who are determined to be drug abusers or addicts
under the Health and Human Services regulations which defines drug abuse as the
non-medical use of a controlled substance which has not necessarily resulted in
physical or psychological dependence, and drug addiction as the non-medical use
of a controlled substance which has resulted in physical or psychological
dependence.
So remember, if you are AIDS positive, do
not panic. You may still qualify for a green card if you satisfy certain
requirements.
By J. G. Azarcon, Esq.
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