Important note: This article provides general legal information based on the U.S. Immigration and Nationality Act (INA). It is not medical advice. Individual cases may differ depending on health status, visa type and current CDC guidelines. If you are concerned about how a health condition may affect your visa application, consult an experienced U.S. immigration attorney before filing.
Quick Answer Summary
| Question | Answer |
|---|---|
| What law governs medical grounds for visa denial? | INA Section 212(a)(1) — the Immigration and Nationality Act |
| How many medical ground categories are there? | 4 main categories under Condition (A) |
| Does HIV cause a U.S. visa denial? | No — HIV was removed from the list in 2009 |
| Does tuberculosis (TB) cause denial? | Possibly — active infectious TB is a ground of inadmissibility |
| Can medical grounds be waived? | Yes — through Form I-601 in certain cases |
| Who conducts the immigration medical exam? | USCIS-designated civil surgeons and CDC-approved physicians |
| Where is the exam done in Vietnam and Philippines? | At Embassy-designated clinics in HCMC and SLEC in Manila |
The I-601 Medical Waiver — Options When a Medical Ground Applies
If you are found inadmissible on medical grounds, that does not necessarily mean permanent ineligibility. U.S. immigration law provides a waiver mechanism through Form I-601 (Application for Waiver of Grounds of Inadmissibility) in certain cases.
Who may apply for an I-601 waiver for medical grounds?
| Condition | I-601 Waiver Available? |
|---|---|
| Communicable disease (other than active TB) | Yes in certain cases |
| Vaccination requirement — medical or religious exemption | Yes |
| Mental disorder with harmful behavior | Rarely — requires detailed evaluation |
| Drug abuse history with demonstrated rehabilitation | Yes in certain cases |
Important: Form I-601 is a complex process and not everyone qualifies. Approval depends on the specific condition, the applicant’s family relationship to a U.S. citizen or lawful permanent resident and whether denial would cause extreme hardship to qualifying relatives. Consulting an experienced immigration attorney before filing I-601 is essential.
Frequently Asked Questions
What medical conditions can cause a U.S. immigrant visa to be denied?
Under INA Section 212(a)(1), four categories of medical conditions may result in immigrant visa denial: (1) communicable diseases of public health significance as determined by CDC, including active tuberculosis and infectious syphilis; (2) failure to present documentation of required vaccinations; (3) physical or mental disorders with associated harmful behavior; (4) drug abuse or addiction. HIV is no longer a ground for denial since January 2009.
Does HIV status affect a U.S. visa application?
No. HIV was permanently removed from the list of communicable diseases that cause U.S. immigrant visa inadmissibility effective January 2009. A positive HIV test result during the immigration medical examination does not automatically result in visa denial. HIV-positive individuals may apply for U.S. immigrant and nonimmigrant visas on the same basis as anyone else.
Does tuberculosis (TB) affect the U.S. visa application?
Yes, in some cases. TB is categorized during the immigration medical exam as Class A (active infectious TB) or Class B (TB present but not currently infectious). Class A findings may delay or affect visa issuance and require treatment before entry is permitted. Class B findings result in visa issuance with an annotation requiring medical follow-up at the U.S. port of entry. Neither is necessarily a permanent bar — the Class A or B article on this site explains both in more detail.
Can medical grounds of inadmissibility be waived?
Yes in certain cases. Form I-601 (Application for Waiver of Grounds of Inadmissibility) allows applicants to seek a waiver of certain medical grounds. However this is a complex process and eligibility depends on the specific condition, the applicant’s relationship to qualifying U.S. citizen or LPR relatives and whether denial would cause extreme hardship. Consulting an immigration attorney before filing I-601 is strongly recommended.
Where is the immigration medical exam conducted in Vietnam and the Philippines?
In Vietnam, the immigration medical examination must be conducted at Embassy-designated clinics in Ho Chi Minh City — standard hospitals and clinics are not accepted. Check the current list at vn.usembassy.gov. In the Philippines, St. Luke’s Extension Clinic (SLEC) operates at BGC Taguig and SM Megamall Mandaluyong and is the designated facility for most immigrant visa medical exams. The sealed results envelope must be brought intact to the visa interview and must not be opened by the applicant.
How long are immigration medical exam results valid?
Immigration medical examination results are generally valid for 2 years from the date of the examination. However if the visa is not used within that period or if there is a significant change in health status, a new examination may be required. Vaccination records typically remain valid longer. Confirm the current validity policy with the designated examination facility before scheduling your appointment.
Part 1 – a communicable disease of public health significance
This is a common question we are asked. This Part 1 of a series discusses what medical conditions might cause a person to be denied an immigrant visa.
The United States Immigration and Naturalization Act (the “Act”), Section 212(a)(1) prescribes two classes of conditions which would render a person ineligible for an immigrant visa and inadmissible to the United States. Class A conditions are:
(i) a communicable disease of public health significance
(ii) failure to present documentation of having received required vaccinations;
(iii) having a present or past physical or mental disorder or disability serious enough that might result in harmful behavior; and
(iv) drug abuse or addiction.
For communicable diseases of public health significance, there are several medical conditions which are specifically listed as grounds for ineligibility. These are Hansen’s disease (infectious leprosy), infectious syphilis and active Tuberculosis. If an intending immigrant has one of these conditions, he or she is probably ineligible to immigrate to the United States. Moreover, there are certain diseases which may be added from time to time by Presidential Executive Order, the Director of the Center for Disease Control, and diseases of public health emergency and identified by the World Health Organization. These can arise when a disease reaches such a level as to be of concern to the health and safety of the United States.
If a person is diagnosed with active tuberculosis or other communicable disease and their visa annotation includes a note like “Class A or B (TB) required ATTN of ASPHS at POE” Annotation, this means that the applicant must be cleared by U.S. public health authorities upon arrival.
Many people believe that if an immigrant has HIV (Human Immunodeficiency Virus), the virus that causes AIDS, then they will also be ineligible. In the past, HIV was a Class A disease, but this was removed from the list in 2009.
For most immigrant visa applicants, a key part of the process is submitting Form I-864 Affidavit of Support to demonstrate that they have adequate financial backing and will not become a public charge in the U.S.
If you think you may have a medical condition which might cause you to be ineligible for an immigrant visa to the United States, then contact us at Enterline and Partners. Maybe we can help.
