I-601 Waiver: Health-related Inadmissibility Grounds

The alien seeks admission with an immigrant visa, fiancé visa or V visa, or is applying for adjustment of status, and has not presented documentation of having been vaccinated against vaccine preventable diseases.

• Required vaccines: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, haemophilus influenza type B, hepatitis B, varicella, pneumococcal, and influenza.

• Required vaccines also include any other vaccines recommended by the Advisory Committee on Immunization Practices

  The alien has been determined (in accordance with regulations prescribed by the Secretary of HHS in consultation with the Attorney General):

  • To have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or

  • To have had a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others.

  The alien has been determined (in accordance with regulations prescribed by the Secretary of HHS) to be a drug abuser or addict. Note that this ground cannot be waived under INA 212(g). An alien who is inadmissible under this provision remains inadmissible until it is determined, under HHS rules for medical examinations, that his or her drug abuse or addiction is in remission.

  An individual who has been found inadmissible under this provision due to drug abuse or drug addiction is not precluded from undergoing a reexamination at a later date at his/her own cost. If, upon reexamination, the civil surgeon or panel physician certifies, per the applicable HHS regulations and CDC’s Technical Instructions, that the individual is in remission, this ground of inadmissibility no longer applies.

  If you were denied a K-1 fiancee or K-3 spousal visa due to a health-related provision, contact an immigration attorney at www.myfianceevisa.com or call 626-771-1078 to discuss your situation.

  
  

This entry was posted on 4. September 2009 at 01:09 and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or trackback from your own site.

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