Medical Inadmissibility & Waivers

There are several categories of excludability from the United States. Some of the more common medical grounds of inadmissibility are set out below. If it is determined that you fall under one of these categories, and you are presently outside the United States, you will be unable to enter the United States and will be ineligible to receive a visa. However, under certain circumstances described below, you may qualify for a waiver of inadmissibility.

Communicable Diseases

If the U.S. immigration authorities determine that you have a , you will be unable to enter the United States and will be ineligible to receive a visa.[1] If, however, you are the spouse or unmarried son or daughter or the minor unmarried and lawfully adopted child of a U.S. citizen or Permanent Resident, you may be eligible for a waiver of your inadmissibility to the United States.

Physical or Mental Disorders

You will also be considered inadmissible to the United States if the U.S. immigration authorities determine that you have a physical or mental disorder, and a history of behavior associated with the disorder, that may pose or has posed a threat to property, safety or the welfare or yourself or others; and/or and which behavior is likely to recur or lead to other harmful behavior. The immigration service may grant you a discretionary waiver of your inadmissibility, subject to any terms, conditions or controls the service may feel is recommended in your specific case.

Alcoholics and DUI Convictions

Alcoholics are not generally excludable under grounds of medical inadmissibility, unless there is a current or past history of harmful behavior associated with the alcoholism, which has posed or is likely to pose a threat to the property, safety or welfare of the alien or others. Note: a conviction for driving under the influence of alcohol has been interpreted as evidence of a medical disorder and associated harmful behavior.

Drug Abusers and Drug Addicts

Also excludable from admission to the United States are persons whom the immigration service or State Department determines to be either drug abusers or drug addicts. Drug abuse is defined in the relevant regulations as the non-medical use of a substances listed in §202 of the Controlled Substances Act.

Ortega-Medina & Associates has over 10 years of experience representing individuals before the United States government in their waiver applications. Due to the firm’s careful screening of its waiver candidates, it enjoys a very high rate of success in these matters. Additionally, in the event of a denial, Ortega-Medina & Associates can prepare and argue an appeal of the matter before the appropriate appellate body. Please contact us to discuss your matter.

[1] The U.S. Department of Health and Human Services regulations define the term as including: (a) chancroid; (b) gonorrhea; (c) granuloma inguinale; (d) human immunodeficiency virus (HIV) infection; (e) leprosy, infectious; (f) lymphogranuloma venereum; (g) syphilis, infectious stage; and (h) tuberculosis, active.