INA § 212(a)(1)(A)(i) – Communicable Disease of Public Health Significance
“Any alien 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” is inadmissible. INA § 212(a)(1)(A)(i)
A “Communicable disease of public health significance” is defined at 2 C.F.R. § 34.2(b) and includes seven medical conditions:
- Granuloma Inguinale
- Hanson’s disease, (leprosy, infectious)
- Lymp granuloma Venereum
- Syphilis (untreated) and
- Tuberculosis, active and infectious.
Relevant case law for this inadmissibility is found in Matter of Vallejos, 14 I&N Dec. 68 (BIA 1972), wherein a Lawful Permanent Resident and citizen of the Philippines, was found deportable as inadmissible at entry due to a dangerous contagious disease, i.e. leprosy.
Availability of Non-Immigrant Waiver
INA 212(d)(3)(A) waiver is available.
Availability of Immigrant Waiver
A waiver is available under INA§ 212(g)(1) – Waiver for INA§ 212(a)(1)(A)(i) (communicable disease of public health significance):
“The [Secretary] may waive [inadmissibility under INA§ 212(a)(1)(A)(i)] in the case of any alien who-
- (A) is the spouse or the unmarried son or daughter, or the minor unmarried lawfully adopted child of a United States citizen, or of an alien lawfully admitted for permanent residence, or of an alienwho has been issued an immigrant visa,
- (B) has a son or daughter, who is a United States citizen, or an alien lawfully admitted for permanent residence, or an alien who has been issued an immigrant visa; or
- (C) is a VAWA self-petitioner, in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in the discretion of the Attorney General after consultation with the Srecretary of Health and Human Services, may by regulation prescribe”
A waiver under INA§ 212(g)(1) is discretionary and has no hardship requirement. However, medical waivers have supplementary information that must be completed in the Application for Waiver of Grounds of Inadmissibility (Form I-601).