Questions and Answers > EB-5 Requirements

How restrictive is the medical screening for U.S. immigration?

I will be turning 21 on the 18th of January 2015. What potential implications for my family''s EB-5 immigration will this cause if my father is the primary applicant of the EB-5 visa? My dad underwent angioplasty with a stent put in as a result of an angina attack once; he is now healthy, but also has Type 2 diabetes. Is this any cause for concern in terms of the medical screening process for U.S. immigration? How restrictive is the medical screening?

Answers

• Shahzad Q Qadri

  RC Creator

  Answered on March 19, 2014

  These are not grounds for inadmissibility; generally, they are looking for communicable diseases.

• Salvatore Picataggio

  Immigration Attorney

  Answered on March 3, 2014

  The primary concern is communicable diseases and other public health issues. Your father''s heath concerns may not be a problem.

• Philip H Teplen

  Immigration Attorney

  Answered on March 3, 2014

  The medical screening will not be a problem, but your turning 21 is. You need to seek an expedite.

• Lei Jiang

  Immigration Attorney

  Answered on March 3, 2014

  As for your age, your parents need to submit the immigration petition as soon as possible so that you can be included. As for the medical examination, your father''s condition should not cause any problem.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on February 28, 2014

  The medical screening for U.S. immigration applies to all green card applicants including EB-5. Based on your facts, there is nothing unusual that will prevent your father''s admission as a result of his treatment for angioplasty and diabetic ailments. The medical screening is intended to prevent an immigrant, who may have infectious disease(s), from unwittingly infecting the general population with such disease(s) upon entry into the United States. Neither of the two medical issues your father is being treated for has ever been classified as infectious. However, your father, like all applicants for immigrant visa(s), will still be required to undergo medical examination that shows he does not have any infectious disease that may bar him from entering the United States. Advisably, seek the help of an immigration attorney to go over the details of medical examination, picking the USCIS-certified surgeon to do the examination, the examination process itself and on how to handle the result(s) of medical examination.

• Marc Yelnick

  Immigration Attorney

  Answered on February 27, 2014

  The medical screening relates primarily to two possible issues: "public charge" (not an issue with EB-5 cases) and those who have communicable diseases, of which you make no mention. So, not really an issue.

• Ed Beshara

  Immigration Attorney

  Answered on February 26, 2014

  At the U.S. consulate processing stage, or if applying in the United States for the conditional permanent residency, a medical report is required for each applicant. The medical report will indicate if there are any grounds of inadmissibility. The facts of your father''s medical condition, on the surface, indicate that there are no grounds of inadmissibility. That is, he has no contagious diseases.

• BoBi Ahn

  Immigration Attorney

  Answered on February 26, 2014

  The medical exam is required for immigrant visa processing for communicable diseases, not for personal health restrictions. Your father''s health conditions that you state won''t be of any issue for this purposes.

• Gregory Romanovsky

  Immigration Attorney

  Answered on February 26, 2014

  Thank you for your inquiry. You don''t have to be healthy to receive permanent resident status. They just want to make sure you don''t have any contagious diseases (such as tuberculosis, syphilis, etc.) and are mentally competent.

• Kripa Upadhyay

  Immigration Attorney

  Answered on February 26, 2014

  Medical screening for the United States is restrictive mostly if the applicant has some form of communicable disease diabetes and heart ailments are not normally grounds for denial of immigrant petitions.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on February 26, 2014

  The medical exam is primarily to confirm that the applicant''s vaccinations are up to date and that the applicant does not have any communicable diseases of public health significance. The exam will also confirm that the applicant does not have an physical or mental disorder that could pose a threat to others and that the applicant is not a drug abuser or addict. Other medical issues, such as heart problems, high blood pressure, diabetes, etc. may be noted on the form, but probably do not constitute a ground of inadmissibility.

• Nelson Lee

  Immigration Attorney

  Answered on February 26, 2014

  Your father''s medical situation should not be a problem. Generally, the United States is concerned about diseases that might threaten the overall public health, like tuberculosis, hepatitis, and other highly infectious diseases. Your father''s heart problems do not fall into this category. Also, if your father has financial means to cover medical treatments and is not likely to become dependent on government assistance, there really should not be much concern. Regarding your age you should submit your I-526 (EB-5 petition) as soon as possible. I can help you with this and am familiar with several projects in Washington state that might be good fit for you. You don''t have to live in or move to the state where your investment is so you can invest in an EB-5 project in Washington, but live in California, New York, Hawaii anywhere in the United States.

• Margo Chernysheva

  Immigration Attorney

  Answered on February 26, 2014

  There is no concern about your father''s medical condition, as long as he has resources to cover his medical expenses. He will not be stopped from immigrating based on the conditions you describe. You turning 21, on the other hand, will affect your ability to enter the United States as a derivative of your father''s application if your immigrant visa is not issued before your 21st birthday.

• Ying Lu

  Immigration Attorney

  Answered on February 26, 2014

  The Immigration and Nationality Act authorizes the exclusion of any alien "who is determined (in accordance with regulations prescribed by the secretary of Health and Human Services) to have a communicable disease of public health significance." The relevant regulation''s definition expressly lists eight diseases as a communicable disease of public health significance: chancroid, gonorrhea, granuloma inguinale, infectious leprosy, lymphogranuloma venereum, active tuberculosis,and infectious syphilis. This list is neither exclusive nor exhaustive, because the regulatory definition also includes other diseases incorporated by reference to a presidential executive order. However, your father''s heart problem and diabetes should not exclude him from being admitted into the United States.