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How will Hepatitis C affect EB-5 green card eligibility?

If someone has contracted Hepatitis C, will his EB-5 visa application be rejected? Is there any way for his dependents included on the application to still get the green card?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Hepatitis C should not affect your eligibility because it is not considered a communicable disease that will make you inadmissible to the United States. However, it should be treated. The first step for the EB-5 green card is to file the I-526 Petition with USCIS and no medical evidence or inclusion of dependents is required at this stage. When the principal EB-5 applicant processes abroad for an immigrant visa (upon approval of the I-526 petition), then a medical exam is required. Dependents generally process for their immigrant visas at the same time as the principal EB-5 applicant or they follow to join. Dependents cannot immigrate to the United States sooner than the principal EB-5 applicant.

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    Charles Foster

    Immigration Attorney
    Answered on

    Hepatitis C should not affect your eligibility since it is not considered a contagious disease, nor would it impact the dependents. Presumably the bearer has been treated and cured.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You will need to check with one of the approved Civil Surgeons to get an answer on whether this disease can be waived if properly managed and not contagious. The derivatives will not get permanent residency unless the principal is approved and enters the United States first.

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    Peter Zhang

    Immigration Attorney
    Answered on

    That should not affect his EB-5 petition or his green card eligibility. However, if contraction of this disease is related to drug usage and such usage is ongoing, that could make him inadmissible. The EB-5 petition involves initially filing the I-526 petition. At this stage he does not need to include his dependents. He may include them at the time he applies for his green card either through adjustment of status or consular processing after the I-526 has been approved.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Hepatitis C will not affect EB-5 petition processing since you do not need to submit a medical for your petitioning. However, for the next step of the process (after the EB-5 petition is approved) there are specific/statutory bars to being granted permanent residence if you have been diagnosed with "communicable disease of public health significance." To the best of my knowledge, Hepatitis C is not listed as one of these diseases.

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    Irina Rostova

    Immigration Attorney
    Answered on

    Hepatitis C should not make you inadmissible, since it is not a communicable disease. You should be able to proceed with EB-5 and the subsequent green card processing.

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