Immigration Attorneys Who Are Distinguished

Waivers of Health-Related Inadmissibility Grounds

Waiver for communicable diseases

If you are inadmissible because of having a communicable disease of public health significance, you may have a waiver available to you. The government may waive this inadmissibility ground in its discretion if you are the parent, spouse, or unmarried son or daughter of a U.S. citizen, permanent resident, or immigrant visa recipient. The attorneys at The Law Firm of Shihab & Associates, Co., LPA have decades of combined experience successfully obtaining waivers of inadmissibility.

HIV is no longer a ground for removal

If you have HIV, this is no longer a ground for removal. The Centers for Disease Control (CDC) issued a Final Rule removing HIV infection from its list of “communicable diseases of public health significance.” When HIV was added to the list in the late 1980s,” persons infected with HIV were inadmissible to the U.S. (except by a difficult-to-obtain special waiver). When the Final Rule took effect on January 4, 2010, persons with HIV infection are no longer barred from visiting or immigrating to the U.S. due solely to infection with the virus.

Waiver for physical or mental disorders with associated harmful behavior

If you have a physical or mental disorder that threatens the safety of yourself or others, this is a ground for removal. You may have a waiver available to you if you can meet certain conditions. To obtain this waiver, you should submit detailed documentation of your medical history to show that you have recovered from this condition. A competent attorney can assist you in gathering all the relevant documentation necessary to establish your eligibility for this waiver.

Waiver of the vaccination requirements

CDC regulations require that all immigrant applicants receive a medical exam, and applicants are required to show proof that they have received certain vaccines or the vaccines must be given at the time of the medical exam. Vaccines for these diseases are currently required for U.S. immigration: mumps, measles, rubella, polio, tetanus and diphtheria, pertussis, haemophilus influenzae type B (Hib), hepatitis A, hepatitis B, rotavirus, meningococcal disease, varicella, pneumococcal disease, and seasonal influenza. If you cannot present proof of these vaccinations, or you have a special circumstance to explain why you should not have certain vaccinations, there are three ways you may get a waiver of this requirement. The first waiver is available if you can get the vaccinations and obtain proof. The second waiver is available if the vaccination is considered not to be medically appropriate for you. The third waiver is available if the vaccination would be contrary to your moral or religious beliefs.

Contact us for a consultation

If you have questions about a waiver of health-related inadmissibility grounds or any other immigration matter, please contact our immigration attorneys or call The Law Firm of Shihab & Associates, Co., LPA at the nearest office close to you to consult with an attorney. The competent attorneys at The Law Firm of Shihab & Associates are experienced in obtaining waivers of inadmissibility, as well as other areas of immigration. We represent clients nationwide in various matters including green cards and permanent residence, family immigration, immigrant visas, non-immigrant visas, employment visas and H1B visas, investor visas, PERM applications, and many more. We will not tire until we get the desired results for you within the bounds of the law. Contact us for a consultation.

Client Reviews
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