Grounds of Medical Denial?

[CaseyandJuliebe 2]

My wife is currently in the Philippines and we have an active I-130. She should be healthy enough to pass the medical, however she does have Hepatitis B. It is controlled with medication. I know TB is a denial, but Hepatitis B that is controlled via medicine, would that be grounds for a medical denial? 

[Mike E 11,739]

29 minutes ago, CaseyandJuliebe said:

My wife is currently in the Philippines and we have an active I-130. She should be healthy enough to pass the medical, however she does have Hepatitis B. It is controlled with medication. I know TB is a denial, but Hepatitis B that is controlled via medicine, would that be grounds for a medical denial? 

I don’t think you will find any explicit regulation or law that says people who have hep B are not inadmissible. There is a list of  diseases that make one inadmissible and hep B is not on it.  I suggest that having an explicit list of illnesses that do not render one non inadmissible might not be a good use of the tax payers’ dollars as there are millions of different illnesses and omissions would just cause angst.  
 

Perhaps there is a visajourney member reading this willing to affirm they have hep B, disclosed it, and received a green card. 
 

Logically, having come this far in her immigration journey, what difference does it make if someone affirms hep B makes one inadmissible or not inadmissible?

[CaseyandJuliebe 2]

34 minutes ago, Mike E said:

I don’t think you will find any explicit regulation or law that says people who have hep B are not inadmissible. There is a list of  diseases that make one inadmissible and hep B is not on it.  I suggest that having an explicit list of illnesses that do not render one non inadmissible might not be a good use of the tax payers’ dollars as there are millions of different illnesses and omissions would just cause angst.  
 

Perhaps there is a visajourney member reading this willing to affirm they have hep B, disclosed it, and received a green card. 
 

Logically, having come this far in her immigration journey, what difference does it make if someone affirms hep B makes one inadmissible or not inadmissible?

Wouldn't if her medical exam gets rejected she can't come to the US? I currently live abroad (US military contractor) and for her to come to my current location she needs an NOA2. But eventually one of these days I would like to return stateside with her.

And I agree I haven't found a list that says Hep B is grounds for rejection. But I was curious because that would affect how we are together. 

Edited April 27, 2022 by CaseyandJuliebe

[Chancy 6,241]

*** Moved from K1 Process & Procedures to IR1/CR1 Process & Procedures ***

 

[Redro 4,611]

Not seeing Hep B on this list

https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-6

Maybe @Family can chime in... 

But, if she is found inadmissible you could get the opportunity to file a waiver. 

Cross the bridge when you get to it... currently she only needs the NOA2 so no need for medical just yet. 

[CaseyandJuliebe 2]

So where I am currently at, the US government issues Status of Forces Agreement (SOFA) cards for her to come stay at my duty location. To get that she only needs an NOA1. 

[Redro 4,611]

2 minutes ago, CaseyandJuliebe said:

So where I am currently at, the US government issues Status of Forces Agreement (SOFA) cards for her to come stay at my duty location. To get that she only needs an NOA1. 

NOA1 or NOA2?

I was under the impression you needed an approved I-130?

NOA1 is just acknowledgement they received the petition... 

You can always ask for this to be moved to the military immigration forum to get more info on any potential hiccoughs.  

 

Edited April 27, 2022 by ROK2USA

[CaseyandJuliebe 2]

19 minutes ago, ROK2USA said:

NOA1 or NOA2?

I was under the impression you needed an approved I-130?

NOA1 is just acknowledgement they received the petition... 

You can always ask for this to be moved to the military immigration forum to get more info on any potential hiccoughs.  

 

NOA2 (sorry typo). I will probably post more in there in the future 😀 . As a contractor I don't get most of the benefits, depends on the contract I am working on.

[Mike E 11,739]

4 hours ago, CaseyandJuliebe said:

Wouldn't if her medical exam gets rejected she can't come to the US?

 . 

Yes.  I don’t understand the point of your question.  She will either be rejected for that reason (If online betting were legal in the USA and on this web site, I would wager she will not be rejected for that reason. Easy money) or she will not.  
 

Unless she tries she won’t know. 

[Verrou 1,962]

It’s not required to provide hep b immunization when I did my medical in the states in January 2022. I got the hep b immunization in NYC in 1017. When I sent it to my physic surgeon before I met him, they didn’t put it in I-693 attachment. When I asked, they said it’s not required 

[jlc201 47]

Chronic Hep B is not an exclusion. Even TB is not exclusionary, once the petitioner has been treated and is no longer infectious.

[Verrou 1,962]

6 minutes ago, jlc201 said:

Chronic Hep B is not an exclusion. Even TB is not exclusionary, once the petitioner has been treated and is no longer infectious.

Though when I’m tested TB +, everyone kinda freaked out 😂 luckily my chest X-ray is crystal clean 

[jlc201 47]

19 minutes ago, Misscloud said:

Though when I’m tested TB +, everyone kinda freaked out 😂 luckily my chest X-ray is crystal clean 

You tested positive for latent TB, which is very, very common. If you had any abnormalities on your x-ray they would have asked you to provide sputum samples for TB culture. If any of those samples were positive for TB it would have meant a diagnosis of active TB. That is when you would have had a problem and needed to be successfully treated before being allowed to immigrate to the US. Hep B is also very common, and in some people the infection is chronic, meaning they need to take medication to suppress the infection, potentially for the rest of their lives. But especially if they are on medication and their Hep B viral load is undetectable, they are not at high risk of transmitting the virus to others, and are not considered a public health threat. Remember, the primary goal of the medical evaluation prior to immigration is to make sure that the immigrant does not pose a threat to the public health, which usually means not being a carrier of a highly transmissible infectious disease, like active TB (or COVID-19). Once that threat has been addressed, meaning the infection is controlled and the person is not contagious, they are typically cleared for entry.

[pushbrk 12,898]

11 hours ago, Mike E said:

I don’t think you will find any explicit regulation or law that says people who have hep B are not inadmissible. There is a list of  diseases that make one inadmissible and hep B is not on it.  I suggest that having an explicit list of illnesses that do not render one non inadmissible might not be a good use of the tax payers’ dollars as there are millions of different illnesses and omissions would just cause angst.  
 

Perhaps there is a visajourney member reading this willing to affirm they have hep B, disclosed it, and received a green card. 
 

Logically, having come this far in her immigration journey, what difference does it make if someone affirms hep B makes one inadmissible or not inadmissible?

The list of diseases that do NOT make one inadmissible is a list of all diseases minus the ones that do.  Even TB just needs to be treated or treatment ongoing.