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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

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on November 14, 2019

  Consider medical treatment first. The withdrawal should be the last resort if the medical treatment, unfortunately, failed. Good luck.

• Lynne Feldman

  Immigration Attorney

  Answered on November 11, 2019

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

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on November 7, 2019

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

• Charles Foster

  Immigration Attorney

  Answered on November 7, 2019

  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.

• BoBi Ahn

  Immigration Attorney

  Answered on November 7, 2019

  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.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on November 7, 2019

  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.