Family Member has TB, what to do!?

[SF20 0]

Unfortunately my family member, so close to coming over to the US via family-based green card (I am a long naturalized US citizen), tested positive for TB during pre-interview check and so we are trying to navigate this whole new side of the immigration process. Info from others who have gone through this would be wonderful.

 

At the moment, he is being told that he has two options: 1. to move to one of China's big cities with a US-approved doctor, stay there for six months and take medicine daily under the doctor's supervision. If he does this he can come to the US after six months. 2. Stay in his city and take medicine from a doctor in his city (not US approved) until treatment is concluded (after six months) and then wait one year before coming to the US. The doctor also said that he would have to fly to the doctor's city once a month for the first three months to be checked up on personally by the doctor if doing this second option.

 

So a few questions. Does above seem right to everyone? I remember reading a couple of cases from TB positives a long time ago on here (I can't find them now) and this matches what I remember, but I want to check.

 

I also remember seeing a couple posts about being allowed by doctor to do option one albeit via Zoom (taking the medicine once a day via Zoom). But doctor said this option is not yet available. Is this a country by country thing?

 

Finally, we don't understand the logic behind the one year wait after treatment for option two. Does anyone know what it is? I am asking because I am wondering whether we might try applying for a waiver after he is TB clear. In other words after the six months of treatment concludes. I am completely understandable of treatment needing to be concluded and him testing negative before coming, but why the extra year? 

[SalishSea 17,801]

1 hour ago, SF20 said:

Unfortunately my family member, so close to coming over to the US via family-based green card (I am a long naturalized US citizen), tested positive for TB during pre-interview check and so we are trying to navigate this whole new side of the immigration process. Info from others who have gone through this would be wonderful.

 

At the moment, he is being told that he has two options: 1. to move to one of China's big cities with a US-approved doctor, stay there for six months and take medicine daily under the doctor's supervision. If he does this he can come to the US after six months. 2. Stay in his city and take medicine from a doctor in his city (not US approved) until treatment is concluded (after six months) and then wait one year before coming to the US. The doctor also said that he would have to fly to the doctor's city once a month for the first three months to be checked up on personally by the doctor if doing this second option.

 

So a few questions. Does above seem right to everyone? I remember reading a couple of cases from TB positives a long time ago on here (I can't find them now) and this matches what I remember, but I want to check.

 

I also remember seeing a couple posts about being allowed by doctor to do option one albeit via Zoom (taking the medicine once a day via Zoom). But doctor said this option is not yet available. Is this a country by country thing?

 

Finally, we don't understand the logic behind the one year wait after treatment for option two. Does anyone know what it is? I am asking because I am wondering whether we might try applying for a waiver after he is TB clear. In other words after the six months of treatment concludes. I am completely understandable of treatment needing to be concluded and him testing negative before coming, but why the extra year? 

You won’t get a waiver for that.   The US is VERY strict about TB.   Extra wait time is probably related to the fact that TB can be latent/dormant.   Unfortunately, rules are rules, and you won’t be able to circumvent them.

[SF20 0]

On 1/18/2024 at 7:51 PM, SalishSea said:

You won’t get a waiver for that.   The US is VERY strict about TB.   Extra wait time is probably related to the fact that TB can be latent/dormant.   Unfortunately, rules are rules, and you won’t be able to circumvent them.

Much appreciated. (and my apologies for the long delay) Lots have been happening, which I may write about later.

 

There is a process for a waiver and I think we may try it, despite the fact that I think you are probably right. (if we have learned one thing in 10+ years of immigration stuff, it is that you never take 'it can't be done' as an answer--if there is a process for something, there is always a chance. But again, I do appreciate the reply, and from what I have read as well, it will be a tough waiver)

[Crazy Cat 41,810]

11 minutes ago, SF20 said:

There is a process for a waiver and I think we may try it,

Technically, there is a process.  However, I am surprised they would waiver TB.  Good luck.  I think the consulate will require treatment before issuing a visa.  I don't think a waiver would be required after successful treatment.

 

Waivers of Health-Based Inadmissibility for U.S. Green Card Applicants | Nolo

Edited January 27 by Crazy Cat

[SalishSea 17,801]

2 hours ago, Crazy Cat said:

Technically, there is a process.  However, I am surprised they would waiver TB.  Good luck.  I think the consulate will require treatment before issuing a visa.  I don't think a waiver would be required after successful treatment.

 

Waivers of Health-Based Inadmissibility for U.S. Green Card Applicants | Nolo

Exactly.   I was referring to wavering untreated or inadequately treated TB.   

[Ontarkie 14,215]

I am surprised they gave the option to have it done by a non approved doctor. We have seen members go through treatment for TB and were clear by that doctor. Only to have to redo 6 months of treatment by an approved doctor. 

The problem with trying for a waiver is they most likely will not release the medical without the treatment. No Medical no visa. 

 

Also even after successful treatment your mother will have to be retested in the US by you local health unit.