Medical Waiver

The Medical Waiver

What you need to know to have a better chance of success

“Just because you have some medical problems and/or diseases does not mean you are always inadmissible to the U.S. You can get a Waiver prepared to be able to immigrate or stay in the U.S.”

— Don Quixote

Qualifying Relatives

In order to be able to file the Medical Waiver year bar, you must have what is known as a qualifying relative. This Waiver is quite broad. You must be the spouse or the unmarried son or daughter, or the minor unmarried lawfully adopted child, of a United States citizen, or of an alien lawfully admitted for permanent residence, or of an alien who has been issued an immigrant visa, or has a son or daughter who is a United States citizen, or an alien lawfully admitted for permanent residence, or an alien who has been issued an immigrant visa or be. VAWA self-petitioner.

Preparation of the Waiver

The preparation of a Waiver is not easy. Many people do some research on the internet and think all they have to do is complete Form I-601 and that it will simply be granted. That is like reading the cover of a book and saying you have read the whole book. In fact, the I-601 Form is exactly like the cover of a book and only introduces the Waiver. It is the legal brief, declarations, affidavit, supporting evidence and all other materials that properly make a Waiver approvable.

The civil surgeon’s primary role is to perform immigration medical examinations to assess whether you have any of the following medical conditions that could result in your inadmissibility. If so, then you would need to see if you can apply for a medical waiver:

  • Communicable disease of public health significance;
  • ​Failure to show proof of required vaccinations (for immigrant visa applicants and adjustment of status applicants only);
  • Physical or mental disorder with associated harmful behavior; and
  • Drug abuse or addiction

There are different ways to qualify for medical waivers. At a minimum, if the vaccination is the issue, you could of course show you have received it or get a medical statement it is not necessary. You can also get a medical professional to issue the proper statement that it is not medically appropriate. There are other grounds such as religious or moral beliefs.

If you have a communicable disease, then you must have the qualifying relative and get the appropriate statements from the CDC. Getting this waived will be a matter of discretion of the Immigration Officer

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