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How can an EB-5 applicant with health issues immigrate?

Will USCIS accept an EB-5 applicant with Class B latent tuberculosis during the adjustment of status process? What kind of documents does the applicant need to prove that the disease is not contagious?

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    Answered on

    When you file the I-485 application or you are waiting for the EB-5 visa interview in your home country, you will be required to take the physical examination. They have the specific standards and you can consult them.

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    Answered on

    The civil surgeon/panel physician will conduct a full examination and probably a chest x-ray. The doctor will make the appropriate annotations on the medical exam results/report as to whether or not the applicant has a communicable disease of public health significance. The applicant likely does not need to provide any other documents.

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    Answered on

    It depends on a host of reasons. As a disease recognized as a communicable disease, the visa may not be granted. However, proper medical treatment backed up with proof that an applicant is not contagious is necessary before a favorable consideration will be given to the applicant. Advisably, work with an immigration attorney on this issue and do not assume any optimistic view unless all steps to support a conclusion of non-contagion are well-documented.

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    Answered on

    All immigrants are required to be examined by a U.S. immigration-certified civil surgeon. If the surgeon indicates that you have been treated and are not now contagious, you will be allowed to immigrate.

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    John J Downey

    Answered on

    A certified medical certificate from a reputable medical source should suffice.

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    Answered on

    It would depend on whether the TB test comes out as positive in the medical exam by the Civil Surgeon. If positive, the doctor will order the chest x-ray to determine if you have a cause for infecting others.

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    Answered on

    Class B TB is not a ground of inadmissibility. Here are the guidelines: B. Parts of Form I-693 Addressing Communicable Diseases - 1. Tuberculosis.

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