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HePatitis B - can it cause a denial at the embassy interview?

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Filed: K-1 Visa Country: Philippines
Timeline

hello everyone.. I dont know what furom i should put this.

anyway.. I have a friend that married to american citizen and they get married to philippines, She have her interview this march 25, 2009 and haven't done her medical yet. Before that she was diagnose of having Hepatitis B.

I just wanna know if anyone had experience here samething like going to USA but have Hepatitis B? is this cause of denial?

any information is highly appreciated.

nov/13/2006 (i accedentally met my fiance at the atrium of SM megamall, and we start our relationship)

feb/09-23/2007 (Visit me for the very first time and knowing each other for 2 weeks)

feb/28/2007 (filled the I-129)

march/14/2007 (approved his petition)

april/19/2007 (got our interview schedule and medical at USEM website)

may/11/2007 (Got our packet 4)

may/17-18/2007 (I did my medical early at St. lukes but pending)

may/30-june 1, 2007 (take my sputum examination for 3days)

june/04/2007 (Pulmonary evaluation NEGATIVE)

june/05/2007 (i got my immunization and medical passed )

june/15/2007 (Approved im so happy)

june/20/2007 (VISA on HANd)

June/21/2007 (CFO seminar DONE!)

July/07/2007 (Arrived to USA)

Spet/29th/2007 (chappel wedding)

oct/28th/2007 (send AOS application)

Nov/5/2007 (recieve appointment letter for biometrics)

Nov/20th/2007 (Biometrics Appointment)

dec/18th/2007 (NOA 1 recieved, application transferred to california)

dec/22nd/2007 (NOA 2 recieved application on process at california )

jan/18th/2008 (NOA 3 recieved, submit additional eveidence PENDING )

Feb/25th/2008 (NOA 4 recieved, resume the process)

Feb/28th/2008 (NOA 5 recieved, Card production ordered)

Feb/29th/2008 (welcome permanent resident)

march/6th/2008 (Recieved my Permanent Resident Card)

so happy bieng with my baby... good luck to everyone....

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hello everyone.. I dont know what furom i should put this.

anyway.. I have a friend that married to american citizen and they get married to philippines, She have her interview this march 25, 2009 and haven't done her medical yet. Before that she was diagnose of having Hepatitis B.

I just wanna know if anyone had experience here samething like going to USA but have Hepatitis B? is this cause of denial?

any information is highly appreciated.

Hep B doesn't cause denial. She has to show records she is taking medication for it. Hopefully she has told her hubby she has it as there is no cure for it and it's contagious.

Edited by Haole

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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Filed: Timeline

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,

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Hepatitis means inflammation of the liver. Toxins, certain drugs, some diseases, heavy alcohol use, and bacterial and viral infections can all cause hepatitis. Hepatitis is also the name of a family of viral infections that affect the liver; the most common types in the United States are hepatitis A, hepatitis B, and hepatitis C.

Hepatitis B is a contagious liver disease that results from infection with the hepatitis B virus. It can range in severity from a mild illness lasting a few weeks to a serious, lifelong illness. Hepatitis B is usually spread when blood, semen, or another body fluid from a person infected with the hepatitis B virus enters the body of someone who is not infected. This can happen through sexual contact with an infected person or sharing needles, syringes, or other drug-injection equipment. Hepatitis B can also be passed from an infected mother to her baby at birth.

Hepatitis B can be either acute or chronic. Acute hepatitis B virus infection is a short-term illness that occurs within the first 6 months after someone is exposed to the hepatitis B virus. Acute infection can — but does not always — lead to chronic infection. Chronic hepatitis B virus infection is a long-term illness that occurs when the hepatitis B virus remains in a person’s body. Chronic hepatitis B is a serious disease that can result in long-term health problems, and even death.

The best way to prevent hepatitis B is by getting vaccinated.

http://www.cdc.gov/hepatitis/HepatitisB.htm

Edited by Mister_Bill
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Filed: Timeline
Bill are you trying to say people with Hep B will be denied ??

Saying I am not sure. If the spouse is vaccinated, he should be okay. Depends, I think whether the infected spouse is chronic, or not. I would think it is handled the same way as TB.

Edited by Mister_Bill
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Filed: Timeline

Found this:

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:

  1. Chancroid;
  2. Gonorrhea;
  3. Granuloma inguinale;
  4. Hansen's disease (leprosy);
  5. Human immunodeficiency virus (HIV) infection;
  6. Lymphogranuloma venereum;
  7. Syphillis, infectious stage; and
  8. 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.

http://www.americanlaw.com/q&a80.html

Edited by Mister_Bill
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Filed: Timeline

And this one:

HBV, Immigration and You: Don’t Ask, Don’t Tell

What are the immigration laws concerning hepatitis B?

What are the immigration laws concerning hepatitis B? According to the U.S. Citizenship and Immigration Services (UCIS), medical exams and vaccinations are required for visitors to the U.S. Physical exams for immigration screen specifically for tuberculosis, syphilis and HIV.

But where does this leave people with known chronic hepatitis B? After dozens of phone calls to different people, Dr. Karen Hennessey, an epidemiologist at the Center for Disease Control and Prevention (CDC) in Atlanta, GA, spoke with B-Informed about this topic.

"The CDC makes recommendations to the Department of Homeland Security about infectious diseases that are of significance to public health," Hennessey said. "We are not responsible for enforcement; we simply make the recommendations. And hepatitis B is not on our watch list."

The UCIS website (http://uscis.gov) confirms that hepatitis B is not a communicable disease of "public health significance" for immigration purposes. The list only includes nine infectious diseases: severe acute respiratory syndrome (SARS), tuberculosis, leprosy, HIV, syphilis, chancroid, gonorrhea, granuloma inguinale and lympho-granuloma.

Immigration law requires that all individuals applying for permanent U.S. residency establish that they have been vaccinated against mumps, measles, rubella, polio, tetanus, diphtheria, hepatitis B, influenza type B, pertussis, varicella, pneumococcal pneumonia, and influenza. Non-immigrant (or temporary) visa applicants are not required to comply with the vaccination requirements, but must if they later apply for change of status.

Exceptions to this rule include orphans age 10 and under who are applying for IR-3 visas (children adopted from abroad) or IR-4 visas (foreign-born children adopted within the U.S.). They are exempt from complying with the vaccination requirements before the visa is issued. But, these children are not exempt altogether. The adoptive parent must sign an affidavit that the child will be vaccinated within 30 days of arrival or at the earliest time that it is medically appropriate.

It appears that a "don't ask, don't tell" policy is the unspoken rule at the State Department, since no official contacted was willing to go on record saying that anyone would or would not be denied immigration because of their hepatitis B status. However, they agreed that no one should be denied, since hepatitis B is currently not on the immigration watch list for communicable diseases of "public health significance."

http://www.baldwinpublishing.com/article/s.../articleId/114/

Edited by Mister_Bill
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I saw a pinay that had Hep B a couple of years ago and didn't have any problems getting her visa. She was required to show she was taking medicine for it and would continue doing such when she arrived in the US.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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Filed: K-1 Visa Country: Thailand
Timeline
Bill are you trying to say people with Hep B will be denied ??

Saying I am not sure. If the spouse is vaccinated, he should be okay. Depends, I think whether the infected spouse is chronic, or not. I would think it is handled the same way as TB.

Vaccines do nothing once you've contracted it.

You are admissible with Hep B and even HIV was.is or already has been reviewed. Not sure of that outcome but i know that was an upcoming issue (some have come with meds is what I'm saying).

Hep B is no big deal although it's more fatal than most other diseases it's not an exclusion item. There are many here who have asked this (and other forums)...do some research, make sure meds are taken and the physical will show LFT doing OK so you should be OK. If LFT is high acute illness is a possibility...need to tone it back down to chronic. Stability is the key for HepB :D Best of luck!

Edited by HYENA

7/21/08 I 129f K-1 app given to Siam Legal Lawyers office

8/3/08 K-1 I 129f Sent (Atty Ofc made mistake delayed app, we learned later)

8/14/08 NOA-1

1/23/09 RFE Color Passport Picture

1/29/09 RFE Color Pics sent

2/3/09 RFE Pics USCIS acknowledged

4/28/09 NOA-2

5/01/09 NVC Received

5/01/09 Left NVC

5/15/09 Embassy Sent Packet 3 (we did not receive-they have correct addresses)

6/19/09 Packet 3 to Embassy

6/28/09 Appointment (packet 4) never mailed, had to ask to get email-they've got correct addresses

7/23/09 Interview Scheduled for 7:00am (A YEAR AFTER SUBMISSION)!!!!!!!!!!! APPROVED!!!!!!!!!!!!!!!!!!!

7/28/09 Pick up visa

8/11/09 She came to the USA with me!

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Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline

i think as long as it is not active and u check regularly ur liver function test

June 2004...i sat down on the bench to tie my shoelaces (literally) not knowing i would marry the man i just sat down next to...

Oct. 18, 2007...Married

Oct. 27, 2007...my beautiful son is born

USCIS IR-1/CR-1 Visa Journey

Service Center : Vermont Service Center

Consulate: Manila, Philippines

Feb. 05, 2009: I 130 sent

Feb. 12, 2009: NAO1

Feb. 17, 2009: first touch

Feb. 18, 2009: Touch

May 01, 2009: Touch and NAO2 mailed...yeah hey!

May 08, 2009: NAO2 in the mail

NVC Journey

May 15, 2009: NVC case number

May 18, 2009: Gave email add to NVC

May 28, 2009: Received DS 3032 / I-864 Bill

June 1, 2009: Paid I-864 Bill

June 5, 2009: sent AOS stuff

June 29, 2009: sent DS 230

June 28 - Aug. 8: i spent time with my boys in the philippines

IN A BIG HUGE BLUR...OUR CASE WAS COMPLETED AUGUST 5, 2009 (AFTER RFE: HUSBAND'S ORIGINAL BIRTH CERTIFICATE) AND MY HUSBANDS INTERVIEW WILL BE SEPTEMBER 25, 2009...WE HOPE AND PRAY WE GET IT!

CURRENTLY DOING: PREPARING DOCUMENTS FOR MY SON'S PETITION!

...I am one day further from the last time I saw you but I am one day closer to the next time I will...

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Filed: Timeline
Vaccines do nothing once you've contracted it.

I was talking about the not-infected spouse, who should be vaccinated and tested regularly for the virus. I could have been more clear. It appears HEPB is not tested for, and should not be a reason for denial, if otherwise healthy.

A positive test for HIV will get you denied for a Visa, but that can be reviewed.

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