Will USCIS accept an EB-5 applicant with Class B latent tuberculosis during the adjustment of status process? What kind of documents does the applicant need to prove that the disease is not contagious?
When you file the I-485 application or you are waiting for the EB-5 visa interview in your home country, you will be required to take the physical examination. They have the specific standards and you can consult them.
The civil surgeon/panel physician will conduct a full examination and probably a chest x-ray. The doctor will make the appropriate annotations on the medical exam results/report as to whether or not the applicant has a communicable disease of public health significance. The applicant likely does not need to provide any other documents.
It depends on a host of reasons. As a disease recognized as a communicable disease, the visa may not be granted. However, proper medical treatment backed up with proof that an applicant is not contagious is necessary before a favorable consideration will be given to the applicant. Advisably, work with an immigration attorney on this issue and do not assume any optimistic view unless all steps to support a conclusion of non-contagion are well-documented.
All immigrants are required to be examined by a U.S. immigration-certified civil surgeon. If the surgeon indicates that you have been treated and are not now contagious, you will be allowed to immigrate.
A certified medical certificate from a reputable medical source should suffice.
It would depend on whether the TB test comes out as positive in the medical exam by the Civil Surgeon. If positive, the doctor will order the chest x-ray to determine if you have a cause for infecting others.
Class B TB is not a ground of inadmissibility. Here are the guidelines: B. Parts of Form I-693 Addressing Communicable Diseases - 1. Tuberculosis.
