Medical Waivers in Green Card Applications
If an intending immigrant is inadmissible to the United States for certain medical reasons, they may be able to obtain a medical waiver and then successfully apply for their green card. Waivers are discretionary; USCIS is not required to approve an immigrant’s waiver application. Medical waivers are available, in some circumstances, for individuals with communicable diseases; individuals who are not vaccinated as required; and individuals with certain mental or physical disorders. Depending on the reason for requesting a waiver, the immigrant may be required to show that they are undergoing appropriate treatment or that they have a moral or religious objection to a vaccine or vaccines.
Sometimes, even if a waiver is approved, certain conditions will be placed on the immigrant (such as obtaining necessary medical treatment) or a bond may be required. In the case of an infectious disease, USCIS may also consult with the CDC to help them decide on the waiver application.
If you are interested in learning more about medical waivers, contact Tanner Law Offices at (717) 731-8114 to schedule a consultation with one of our attorneys.