Smoking Cigarettes

[Arther & Joi 0]

Hello All

Has anyone experienced admitting they were a cigarette smoker during the medical,and it was frowned upon at the interview?

[KittyPollitt 284]

Hello All

Has anyone experienced admitting they were a cigarette smoker during the medical,and it was frowned upon at the interview?

I imagine with a stressful job like the consular officers have, many of them are smokers too. Unless you have terminal lung cancer, it's not going to be an issue for you.

[Arther & Joi 0]

LOL thats true. Thanks

[RICARDO4EVA2 194]

This is not an issue and a questiion that probably wont come up.

[JimVaPhuong 4,863]

I imagine with a stressful job like the consular officers have, many of them are smokers too. Unless you have terminal lung cancer, it's not going to be an issue for you.

Terminal cancer is not a "disease of significant public health risk" because it's not contagious. You won't fail an immigration medical for it. It would probably show up in the chest x-ray, and they would probably investigate to make sure it's not tuberculosis.

They don't particularly care if the applicant is healthy or has unhealthy habits. They care if the applicant might pose a health risk to Americans. A substantial percentage of males from East Asia are smokers, well over half, and it's never an issue for immigration.

[Tahoma 2,292]

Hello All

Has anyone experienced admitting they were a cigarette smoker during the medical,and it was frowned upon at the interview?

The consular officer probably will frown upon it if you smoke during the interview.

[KittyPollitt 284]

Terminal cancer is not a "disease of significant public health risk" because it's not contagious. You won't fail an immigration medical for it. It would probably show up in the chest x-ray, and they would probably investigate to make sure it's not tuberculosis.

They don't particularly care if the applicant is healthy or has unhealthy habits. They care if the applicant might pose a health risk to Americans. A substantial percentage of males from East Asia are smokers, well over half, and it's never an issue for immigration.

No, but terminal cancer could give a CO reason to believe that you'd likely become a public charge...

[Gary and Alla 3,694]

Hello All

Has anyone experienced admitting they were a cigarette smoker during the medical,and it was frowned upon at the interview?

No. Because it is not an issue.

[Gary and Alla 3,694]

I imagine with a stressful job like the consular officers have, many of them are smokers too. Unless you have terminal lung cancer, it's not going to be an issue for you.

Even IF you have terminal lung cancer you will be approved. They are concerned with communicable diseases and illegal drug use.

[sus 70]

Tobacco cigarettes - no issues - Other types of cigs, big problems!

[Pinay Wife 47]

Moved from Philippine Regional Forum to K1 Visa Process and Procedures

[JimVaPhuong 4,863]

No, but terminal cancer could give a CO reason to believe that you'd likely become a public charge...

Yes, they would be permitted to consider it. Then again, if the cancer is terminal they could just put the applicant in AP for a while and it will become a non-issue.

[Gary and Alla 3,694]

No, but terminal cancer could give a CO reason to believe that you'd likely become a public charge...

NO, it will not. Terminal cancer is self correcting and rather cheap actually. A diabetic is more likely to be a financial burden on the US citizen or the medical system. such things are NOT considered in the determination of whether someone will be a public charge, if it were the I-134 and I-864 would contain information regarding one's health.

Cancer is not communicable and is not an issue for visa approval.

[baron555 934]

Hello All

Has anyone experienced admitting they were a cigarette smoker during the medical,and it was frowned upon at the interview?

Stop smoking, then you'll have a good answer.

[JimVaPhuong 4,863]

NO, it will not. Terminal cancer is self correcting and rather cheap actually. A diabetic is more likely to be a financial burden on the US citizen or the medical system. such things are NOT considered in the determination of whether someone will be a public charge, if it were the I-134 and I-864 would contain information regarding one's health.

Cancer is not communicable and is not an issue for visa approval.

The debate is academic because the OP said nothing about terminal cancer, but it's interesting nonetheless.

The instructions for the I-134 say practically nothing of any use to anyone. The I-864 instructions don't go into detail about the public charge requirements, but more into the affidavit of support requirements. An affidavit of support is only one of several factors a CO or IO can consider when making the public charge determination.

INA 212(a)(4)(B):

(B) Factors to be taken into account.-

(i) In determining whether an alien is inadmissible under this paragraph, the consular officer or the Attorney General shall at a minimum consider the alien's-

(I) age;

(II) health;

(III) family status;

(IV) assets, resources, and financial status; and

(V) education and skills

(ii) In addition to the factors under clause (i), the consular officer or the Attorney General may also consider any affidavit of support under section 213A for purposes of exclusion under this paragraph.

According to 9 FAM 40.41, an alien is a public charge if they are institutionalized for long-term care at government expense. Section 40.41 N2.3 defines "long-term care" as being institutionalized for an indefinite period of time, rather than temporary care for recuperative or rehabilitative treatment. I presume that end-of-life care for a terminal cancer patient would meet this definition. Section 40.41 N3.3 says a sufficient affidavit of support should be considered enforceable unless there are serious public charge considerations, such as an applicant of advanced age or with a serious medical condition. This means they can refuse an applicant as a public charge risk, even if they have a sponsor qualified under INA 213A, if they determine that a serious medical condition makes it likely they will still become a public charge.

Back to the OP's question, a smoker is at substantially increased risk of getting terminal lung cancer, but the majority of smokers do not die from lung cancer. 9 FAM 40.41 N3.1 requires the CO to make the determination based on a reasonable future projection of the alien's current circumstances, and not to deny based on "what if" thinking.