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How does the USCIS determine if I am in “good health” for the EB-5 visa?

In researching EB-5 I have found that a requirement of the program is that the applicant(s) must be in “good health.” How is this determined by the USCIS? If I have been cancer-free for five years, would that affect my application as an EB-5 investor?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    Before you are interviewed at the U.S. consulate for the conditional permanent residency visa or file your application for conditional permanent residency, you will have to undertake a medical examination. A showing of cancer is not a ground of inadmissibility to obtaining conditional permanent residency.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    No, that should not be a factor. You will be given a medical exam primarily testing your mental health, whether you are current on your shots, do you have TB or other contagious diseases.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The medical exam, which is required for all immigrants, is to determine whether or not you have any communicable disease of public health significance. If you can pass that medical exam, and you otherwise meet the EB-5 investment requirements, your other health issues or health history will not prevent you from being admitted to the United States as an immigrant.

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    Anthony Korda

    Immigration Attorney
    Answered on

    There are no minimum health requirements dealing with fitness, and good health for the purposes of the EB-5 program generally refers to a lack of communicable diseases. The physical generally tests for HIV, Syphilis and TB, although all are regarded as treatable and will not prevent a candidate from immigrating to the United States. Prospective immigrants are expected to provide an updated vaccination history and may have to be administered missing or out of date shots. A history of cancer should not be a bar to immigration. However, you should consider the potential costs of treatment and insurance before deciding whether or not to make an EB-5 investment.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    USCIS requires that you do a medical exam when you file your Application for Lawful Permanent Residency. If you want, you can go to one of the approved civil surgeons and get a medical exam done now to determine if you will be eligible.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    You do not have to worry about it - it only concerns certain communicable diseases (e.g., tuberculosis, AIDS, syphillis) and mental health issues.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    When you undergo a medical exam, the USCIS is looking for "communicable" diseases such as TB to determine whether the public is at risk. Cancer is not a bar to the EB-5 visa.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    There is no good health requirement under the current laws and regulations. The medical exam and vaccination requirement comes up during the stage of adjustment of status or consular process rather than during filing of I-526 petition. It mainly concerns health-related grounds of inadmissibility in the form of communicable diseases, such as TB and the like, or mental health disorders that may pose a public threat. Please consult an immigration attorney to discuss the specifics of your situation.

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    Denyse Sabagh

    Immigration Attorney
    Answered on

    The medical exam is only looking for communicable diseases, such as TB, and any drug/alcohol abuse.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The health issue is for the immigrant visa application process and in order to pass the medical exam necessary for the immigrant visa, you must get the medical clearance from one of the doctors that does the screening for the embassy/consulate. If you have been cancer-free for five years, I do not foresee any problem with your medical screening, but perhaps you might wish to consult one of those doctors listed on the embassy website to see if they foresee any problems with your immigrant visa application medical clearance.

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    John J Downey

    Immigration Attorney
    Answered on

    USCIS has a list of medical problems that may affect entrance into the United States. It can be obtained online.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    A medical examination will be required to obtain your conditional permanent residency.

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