Hepatitis B

[craig5977 58]

My wife tested positive for Hep B and she is taking medicine for it.Not sure if she is acute or chronic yet.My question is, will this prevent her from getting a visa to enter the USA?

I not sure where to look for the answer but any help or advice would be appreciated.

Thanks

[chadherm 0]

ohhhhh im sorry to hear that! But dont lose your hope ok.

[Dakine 26]

My wife tested positive for Hep B and she is taking medicine for it.Not sure if she is acute or chronic yet.My question is, will this prevent her from getting a visa to enter the USA?

I not sure where to look for the answer but any help or advice would be appreciated.

Thanks

No problem. They will require proof of continued treatment when she gets to the US. Not sure what that entails.

[LynnandAhmed 0]

My wife tested positive for Hep B and she is taking medicine for it.Not sure if she is acute or chronic yet.My question is, will this prevent her from getting a visa to enter the USA?

I not sure where to look for the answer but any help or advice would be appreciated.

Thanks

I entered U.S. as an F-1 student in 1996. I received my Masters Degree in Computer Science this year. I currently have a job as a programmer and my status is H1B. I am planning to apply for Green Card, but I just found my hepatitis B lab test was positive. I am worried about whether I can pass the medical examination for the Green Card application. Will Hepatitis B prevent me from getting my green card?

Probably not. According to INA §212(a)(1)(A)(i), an alien who is determined to have a communicable disease of public health significance (including HIV) is excludable. The regulations of the Department of Health and Human Services at 42 CFR §34.2(B) list the diseases which may fall within INA §212(a)(1)(A)(i) as follows:

Chancroid;

Gonorrhea;

Granuloma inguinale;

Hansen's disease (leprosy);

Human immunodeficiency virus (HIV) infection;

Lymphogranuloma venereum;

Syphillis, infectious stage; and

Tuberculosis, infectious.

The list does not include hepatitis B.

According to INA §212(a)(4), an individual who "by reason of poverty, insanity, disease, or disability would become a charge upon the public" is excludable. While it is possible to argue that you may become a public charge because of your disease, as long as you are healthy enough to maintain your employment, you should avoid the public charge exclusion ground.

According to INA §212(a)(1)(A)(ii), intending immigrants are excludable unless they can document having received vaccinations against vaccine-preventable diseases, including hepatitis B. However, this does not specifically exclude a person who already has hepatitis B. If you get the vaccination for hepatitis B, you are not excludable under this provision. If a vaccination is medically inappropriate because you already have the disease, the panel physician can recommend a medical waiver of the vaccination requirement.

In summary, I do not believe that your current illness will prevent you from obtaining permanent resident status.

I also found this statement:

Notice that many contagious diseases such as hepatitis B, chicken pox, measles, intestinal parasites and malaria are not on this list. They are missing because: the conditions are already very common in the US, they are not spread by casual physical contact or the conditions needed to spread the diseases are not found or are rare in the US.

And this is from the Dept of State:

Classes of Aliens Ineligible to Receive Visas

Ineligibilities

Waiver of Ineligibility

The following sections of the law are taken from the Immigration and Nationality Act, 8 U.S.C. 1001, et. seq., as amended

Ineligibilities

To view the Immigration and Nationality Act (INA) by title, chapter, and section, go to the USCIS website.

Section 221(g) of the Immigration and Nationality Act reads:

(g) No visa or other documentation shall be issued to an alien if (1) it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law, (2) the application fails to comply with the provisions of this Act, or the regulations issued thereunder, or (3) the consular officer knows or has reason to believe that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law: Provided, That a visa or other documentation may be issued to an alien who is within the purview of section 212(a)(4), if such alien is otherwise entitled to receive a visa or other documentation, upon receipt of notice by the consular officer from the Attorney General of the giving of a bond or undertaking providing indemnity as in the case of aliens admitted under section 213: Provided further, That a visa may be issued to an alien defined in section 101(a)(15) (B) or , if such alien is otherwise entitled to receive a visa, upon receipt of a notice by the consular officer from the Attorney General of the giving of a bond with sufficient surety in such sum and containing such conditions as the consular officer shall prescribe, to insure that at the expiration of the time for which such alien has been admitted by the Attorney General, as provided in section 214(a), or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under section 248 of the Act, such alien will depart from the United States.

Section 212(a) of the Immigration and Nationality Act reads:

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(1) Health-related grounds.-

(A) In general.-Any alien-

(i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance, which shall include infection with the etiologic agent for acquired immune deficiency syndrome,

(ii) except as provided in subparagraph © who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices,

(iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)-

(I) 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

(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or

(iv) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible.

(B) Waiver authorized.-For provision authorizing waiver of certain clauses of subparagraph (A), see subsection (g).

© EXCEPTION FROM IMMUNIZATION REQUIREMENT FOR ADOPTED CHILDREN 10 YEARS OF AGE OR YOUNGER.--Clause (ii) of subparagraph (A) shall not apply to a child who--

(i) is 10 years of age or younger,

(ii) is described in section 101(B)(1), and

(iii) is seeking an immigrant visa as an immediate relative under section 201(B),

if, prior to the admission of the child, an adoptive parent or prospective adoptive parent of the child, who has sponsored the child for admission as an immediate relative, has executed an affidavit stating that the parent is aware of the provisions of subparagraph (A)(ii) and will ensure that, within 30 days of the child's admission, or at the earliest time that is medically appropriate, the child will receive the vaccinations identified in such subparagraph.

[~PalmTreeGurl~ 154]

by the way, when my hubby got here into the US and we applied for AOS... he had to go to the immigration doc and i believe came back positive for that too but the thing is... several or alot of foreign countries give babies some shots wiht that in it so it will come up in their tests... doesnt mean its a bad thing... thats how the doc explained it to me...

[decker 1]

I have the same situation and sent email to HCMC Consulate and got this response:

Dear Mr. Decker: No, Hepatitis is not in the list of communicable diseases, so Hepatitusis eligible for K1 visa. Please visit http://travel.state.gov for further information. Sincerely, Information Unit Staff Consular Section U.S. Consulate General HCMC Tel: (84-8) 822 9433 - ext 4636 Fax: (84-8) 824 5572 E-mail: hcmcinfo@state.gov (regarding visa issues) acshcmc@state.gov (regarding services for U.S. citizens)