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How can EB-5 investors with hepatitis B enter the U.S.?

I filed my I-526 application seven months ago and it is still pending. Recently I found that I am infected with hepatitis B. Will I be deemed inadmissible to the U.S.? This is important to me because my investment capital is still in an escrow account. If I am considered inadmissible, I can easily withdraw my application and get the money back.

Answers

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You should check with the civil surgeon in your home country to see if there is a treatment protocol they can sign off on.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Health-related grounds of inadmissibility are addressed in the Policy manual here: https://www.uscis.gov/policy-manual/volume-8-part-b.

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    Charles Foster

    Immigration Attorney
    Answered on

    At the time of your immigrant visa interview, you must take and submit the results of your medical examination. If you are found to be excludable, you can recoup your investment based on the terms and conditions of your agreement and PPM.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Hepatitis B is not included in the list of communicable diseases of public health significance such as Active TB, infectious syphilis, gonorrhea, infectious leprosy, HIV, etc. Thus it would not bar immigration benefits as stated in the federal regulation.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Hepatitis B is not currently listed as a Class A communicable disease. See https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-6 Presently only applicants who have communicable diseases of public health significance are inadmissible. With new rules coming all the time, it could become an issue if it impacts your ability to support yourself. So discuss it with your immigration counsel.

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