What is a Waiver of Admissibility for Health-Related Grounds?

 Posted on March 07, 2025 in Immigration

Before an individual can enter the U.S. as an immigrant or when seeking a status adjustment, a health screening is required. This health screening is a requirement under INA Section 212(a)(1) and is meant to stop certain immigrants with specific medical diseases from entering the U.S.

Health screenings are considered justified based on hazards to the health and safety of the public or because certain diseases or illnesses could place a substantial financial burden on the public. In certain limited cases, an inadmissibility waiver may be qualified for (when available) if a green card holder or United States citizen assumes responsibility for any medical expenses related to the identified health issue.   

Immigration issues are changing rapidly under the new administration, with many immigrants in a state of uncertainty. If you are seeking a waiver of admissibility on health-related grounds, it is important that you speak to an experienced Plano, TX immigration lawyer. This can help you determine the best way to maintain your current immigration status or seek a change in your status while potentially avoiding removal or deportation.

Health Factors That Can Result in Inadmissibility

There are many different reasons for inadmissibility, but for health purposes, these are the factors to be considered:

• The individual has been found to have a communicable disease of "public health significance."
• The individual has a physical or mental disorder or behavior associated with such a disorder that could potentially pose a threat to the safety, welfare, or property of others.
• The individual has been found to be a drug abuser or addict.
• The individual has no documentation of required vaccinations for vaccine-preventable diseases.

Vaccine-preventable diseases currently include: Hepatitis B, tetanus, measles, mumps, polio, rubella, pertussis, influenza type B, or diphtheria.  

What Are "Diseases of Significant Public Risk"?

Communicable diseases that pose a risk to the public include: Chancroid, Gonorrhea, Granuloma inguinal, infectious Leprosy, Lymphogranuloma Venereum, infectious Syphilis, or active Tuberculosis. Current diseases that render a person inadmissible that were designated under Presidential Executive Orderd include: Cholera, Diphtheria, Plague, Smallpox, Yellow Fever, SARS, and Viral Hemorrhagic Fevers.   HIV was removed from the list on November 2, 2009, so it is no longer grounds for inadmissibility. A panel of physicians must find a person medically inadmissible.

Why is Drug Addiction or Abuse or Alcohol Abuse Listed Under Inadmissible Diseases?

If an individual suffers from serious or severe drug addiction or abuse, or alcohol abuse, it may be determined that it poses a financial burden risk or safety risk to the public. Depending on the severity of a drug or alcohol issue, they may be labeled as a mental disorder associated with harmful behavior. Routine medical exams and criminal record checks are one facet of discovering alcohol or drug-related issues. There are no waivers available for inadmissibility based on drug abuse.  

Which Agency Grants Medical Waivers of Inadmissibility?

Any waiver application must be sent to the U.S. Department of Health and Human Services and the Centers for Disease Control and Prevention for review. This review ensures that if a waiver is granted, the applicant has identified a suitable healthcare provider in the U.S. who will provide treatment for the medical condition. The response of the CDC carries significant weight in determining the controls, conditions, and terms placed on the waiver should USCIS approve the waiver.

Contact a Dallas, TX Immigration Attorney

If you require a medical waiver of inadmissibility or have any other immigration or deportation issues you need assistance with, a Plano, TX immigration attorney from Law Office of Jae Lee can help. Attorney Lee offers one-on-one guidance and can work with clients remotely when necessary. You will work directly with attorney Lee, whose own parents went through the immigration process. Call 214-295-3014 today to schedule your free consultation.