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What are the health requirements for the family of an EB-5 investor?

My wife has previously tested positive for tuberculosis, but she isn't sick and our doctor has said it's just a latent infection which is not contagious. We're worried though that testing positive could cause problems if we apply for the EB-5 green card. I would be the primary EB-5 applicant, and from what I understand, I have to meet certain health requirements. But do these medical requirements also apply to my wife if she is included on the EB-5 application? If so, will we be able to go to our own doctor for the medical exam, since he already knows the situation?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The health requirements apply to each applicant, not just to the principal applicant or investor. You must use one of the approved doctors; you cannot use your own doctor unless he or she is on the approved list. While the positive TB test must be disclosed and may be a factor in the adjudication of the case, if it is in fact latent and not contagious, the doctor will include that information in the medical exam report. Your wife might need to carry a chest x-ray with her immigrant visa when you first enter the United States as immigrants and she might need to undergo some additional screening at the port of entry. If she is not contagious, however, she should be admitted to the United States as an immigrant.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    All applicants (primary and derivative) would need to provide a completed medical exam form with their visa application. Your wife's history would likely need to be disclosed, and it may indeed have an effect on her obtaining a visa.

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    Rachel Lew

    Immigration Attorney
    Answered on

    If filed as the spouse of the EB-5 investor in the I-526 petition, the investor's wife's eligibility for an immigrant visa or adjustment of status will be subject to the determination of admissibility even after the I-526 petition is approved. Immigration applicants who have communicable diseases of public health significance are inadmissible to the United States. The United States Department of Health and Human Services was authorized under INA - 212(a)(1)(A) to determine what are communicable diseases of public health significance. It has designated Class A Tuberculosis (TB), among other conditions, as communicable diseases of public health significance that apply to immigration medical examinations conducted in the United States and are inadmissible to the United States; see, 42 CFR 34.2(b). Accordingly, only a Class "A" TB diagnosis renders an applicant inadmissible to the United States. Under current CDC guidelines, Class "A" TB means TB that is clinically active and communicable. A Class B Latent Tuberculosis Infection (LTBI) means a patient is infected with Mycobacterium tuberculosis, but the patient does not have active tuberculosis. At the stage of medical examination during adjustment of status within the United States or prior to the counselor interview, the INS Form I-693 Report of Medical Examination and Vaccination Record must be completed by the civil surgeons. Applicants with a previous positive skin test for tuberculosis should provide a certificate from the attending doctor (giving the circumstances of the positive test result, and indicating any treatment prescribed, and its duration) to the panel physician. If the applicant has ever been diagnosed with tuberculosis, the applicant must present a written certification, signed by the attending doctor, proving that the applicant was adequately treated. The certificate must include dates and types of medications taken. Applicants who have ever had an abnormal chest X-ray should bring the last X-ray films taken and bring them to the panel physician. The actual films, not the typed reports, may be required to compare with the X-rays that will be taken at the medical examination overseas or within the United States. There are many foreign countries that inoculate children with tuberculosis vaccines as a preventive measure so they can develop antibodies. These foreign nationals will show positive skin tests, but never were diagnosed with active tuberculosis. Therefore, most latent tuberculosis infections should not be determined as inadmissible to the United States. She has to go the local certified civil surgeon designated by the USCIS (if she resides in the United States on other non-immigrant visa), not her own doctor unless he/she is also a certified civil surgeon or a Department of State's panel physician (if she resides overseas). If admitted into the United States, immigrants with Class B tuberculosis classifications who are settling in their jurisdictions will need follow-up evaluation and possible treatment. The notification and Department of State form data are transmitted to state or local health departments electronically through CDC's Electronic Disease Notification System (EDN). State and local health departments are asked to report to CDC through EDN the results of these U.S. follow-up evaluations, as well as any serious public health conditions identified among recently arrived immigrants and refugees. Reporting allows a better understanding of epidemiologic patterns of disease in recently arrived immigrants and refugees and is a way of monitoring the quality of the overseas medical examination.

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    John J Downey

    Immigration Attorney
    Answered on

    Anyone wishing to immigrate will need to qualify under the medical requirements. I believe a certificate from a duly licensed physician stating that the condition is not active will suffice.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Every member of your family who will immigrate must pass the medical exam. Having active tuberculosis will become a reason for denial at the consulate processing. If her condition was very old and she does not have any active illness, they will make her take a test and wait several weeks of an incubation period to see if she is contagious to make her inadmissible. Perhaps you may want to have her tested now before you go through the process. If it is your intention not to have her come with you and your children, then you should not submit her DS-260 application to obtain the EB-5 immigrant visa.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    She should talk to the civil surgeon and they will advise what to do. Usually they have them check in here with the Health Department to make sure she is under medication or cleared of the TB. In some cases it is just a false positive.

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