I am from India and I was diagnosed with Evans syndrome. At present, I am under a few medicines and my condition is getting better. I am a businessman and want to apply for an EB-5 visa with my family. Could my health condition be an issue?
Your health conditions will not affect your qualifying for an EB-5 visa.
Generally, one may be inadmissible to the US based on health related grounds if one has a communicable disease of public health significance, fails to show proof of required vaccinations, has a physical or mental disorder with associated harmful behavior, or has a drug abuse or addiction. Evans syndrome is an autoimmune disorder and should not subject you to a health-related ground of inadmissibility.
The second step of the EB-5 process is applying for an immigrant visa at a U.S. consular post abroad. A medical exam is required when applying for an immigrant visa. There are specific legal requirements which the foreign national must fulfill that relate to health issues. Before you proceed with the EB-5 process, you should have a U.S. immigration attorney assess whether your specific health condition may prevent you from immigrating to the U.S. or whether it does not present a problem.
This does not seem to be a class A medical ineligibility. So the only impact could be if it disables you and impacts your ability to support yourself and then you can be seen as a public charge. Show how you can care for yourself and, if accurate, that this is not a debilitating disease.
It should not be, but if a medical exam reveals an expensive condition, the consulate may want assurance you can pay for your care.
There are four basic medical conditions that may make an applicant inadmissible on health-related grounds: (1) communicable disease of public health significance; (2) An immigrant's failure to show proof of required vaccinations; (3) physical or mental disorder with associated harmful behavior; and (4) drug abuse or addiction. Your condition does not seem to fall into these categories. However, under the Trump administration guidelines, anyone who receives public funds assistance during the five years of residency, including any health-related assistance such as WIC or Obamacare, may make himself deportable after being a resident. Thus, make certain that you have a health insurance and pay for your own medical care for your condition.
USCIS is more concerned with communicable diseases and certain medical issues being a burden on our health system. I am not familiar with Evans syndrome.
There are a number of communicable diseases which may prevent an applicant for a visa from being admitted to the U.S. In the case of Evans syndrome, you will need a good medical diagnosis from physician(s) to determine whether Evans syndrome, or any other diseases associated with it, is a communicable disease or not. If yes, you may not be admissible but, if not, you are likely to be admissible. Advisably, consult medical experts for a proper assessment of your health condition before applying for EB-5.
Only certain communicable diseases that are health hazards to others are listed as reasons for immigration benefits being denied without a waiver; however, I do not believe Evans syndrome is one of those listed.
Your health should not be an issue when you apply for your immigrant visa based upon an approved EB-5 petition on Form I-526. There are certain health conditions in U.S. immigration law which would primarily exclude individuals who have a contagious disease or due to their health condition. They could possibly become a public charge. The fact that you would have an approved EB-5 investor petition showing that you made a substantial investment should be sufficient for you not to be questioned as to whether or not your health conditions would prevent you from being able to support yourself.
U.S. immigration is generally concerned with communicable diseases such as STDs and tuberculosis, or diseases which carry associated harmful behaviour (i.e. certain mental health disorders). Diseases such as alcoholism and drug addiction/abuse could also render somebody medically inadmissible. An autoimmune diseases such as Evans syndrome is unlikely to harm your chances of obtaining a visa.
There are no health requirements for the EB-5 program. Provided you do not suffer from certain communicable diseases, there should not be any bar to qualifying for this visa program.
Sorry to learn about your medical condition. Since Evans syndrome is an autoimmune disorder, I do not foresee you having a problem at all based on health grounds. A general rule is that mental or physical conditions that may impact society at-large make it difficult to immigrate to the United States. That said, there are waivers available for those too.
Here is the list of class A and B conditions which impact admissibility. As defined in Department of Health and Human Services (HHS) regulations: Class A conditions are medical conditions that render a person inadmissible and ineligible for a visa or adjustment of status. A class A medical condition is a: communicable disease of public health significance per HHS regulation; a failure to present documentation of having received vaccinations against vaccine-preventable diseases; a present or past physical or mental disorder with associated harmful behavior or harmful behavior that is likely to recur; and drug abuse or addiction. Class B conditions are defined as physical or mental health conditions, diseases, or disability serious in degree or permanent in nature. This may be a medical condition that, although not rendering an applicant inadmissible, represents a departure from normal health or well-being that may be significant enough to interfere with the ability of the applicant to care for himself or herself, attend school, work, or require extensive medical treatment or institutionalization in the future.
You would only have an issue if you had a communicable disease or physical or mental disorder with associated harmful behavior.
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