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How restrictive is the EB-5 visa medical screening?

I am interested in obtaining an EB-5 green card for myself and my family. I have a nine year old son who has Down Syndrome. How restrictive is the medical screening for an EB-5 green card? Can our application be denied because our child has Down Syndrome? We have traveled to the United States for vacation and never had problems with U.S. immigration, but are worried that the EB-5 process is more restrictive.

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The medical exam requirement for all immigrants, including EB-5 investors and their dependents, primarily screens for communicable diseases of public health significance. In addition, there is a separate immigration law requirement that each immigrant establish that he or she is not likely to become a public charge. Sometimes, in the course of the medical screening, an issue is raised not with respect to the communicable disease issue, but the public charge issue. As long as the consular officer is satisfied that you and your family have the independent and personal financial resources to care for your child with Down Syndrome in the United States and will not require federal means-tested public assistance, the public charge ground will not affect your case.

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    Ed Beshara

    Immigration Attorney
    Answered on

    An experienced EB-5 immigration attorney will be able to advise you. Please note a medical report is required at the conditional permanent residency step and if there is adjustment in the United States, there will likely be no personal interview. In addition, no new medical report is required at the I-829 step.

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    John J Downey

    Immigration Attorney
    Answered on

    No, I would not be concerned about your child. The medical requirements relate mostly to communicable diseases.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    The medical examination for the EB-5 category is the same as for any immigrant visa applicant under U.S. immigration law. There are certain grounds of inadmissibility to the United States based on health issues. There must be both a physical or mental disorder *and harmful behavior* to make an applicant inadmissible based on this ground. Neither harmful behavior nor a physical/mental disorder alone renders an applicant inadmissible on this ground. Harmful behavior is defined as behavior that may pose, or has posed, a threat to the property, safety, or welfare of the applicant or others. Generally, Down Syndrome is not a mental disorder that may pose a harmful behavior.

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    Michael A Harris

    Immigration Attorney
    Answered on

    The EB-5 Immigrant Investor Program does not establish additional restrictions as to whether a foreigner is admissible to the United States. That is, in general, the same laws that govern who is inadmissible to the United States based on contagious diseases - which Down Syndrome is not - apply to all foreigners seeking permanent residence. Otherwise, the only issue that this involves is what is called a Public Charge. An EB-5 investor is not likely to become a public charge (that is, someone who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense), and should be admitted for permanent residence. On medical grounds, Down Syndrome is not an inadmissible category as provided by U.S. immigration law. And as a high-net-worth investor, I doubt you are going to become a public charge.

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    Robert Lee

    Immigration Attorney
    Answered on

    You will not be denied because your son has Down Syndrome.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The visa screening process is the same for EB-5 as any other immigrant visa processing. Down Syndrome is not a contagious health issue that will make him inadmissible.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Medical screening is for contagious diseases and mental illness.

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