Grounds for Inadmissibility - Criminal Activity or Conviction

Certain people are "inadmissible" for purposes of entry into the United States, either as an immigrant or as a visitor. There are many reasons why a person could be considered inadmissible to receive a visa and enter the United States, including health-related grounds. This category of inadmissibility includes both mental and physical health issues.

General

Determination of health-related grounds of inadmissibility are made by the Public Health Service (PHS). PHS officials, or PHS-approved physicians, perform medical examinations at U.S. ports of entry. Examinations also take place when an alien applies for a visa or adjustment of his or her status to that of a legal permanent resident. A determination of inadmissibility may be appealed to a medical review board.

In § 212, the Immigration and Naturalization Act (INA) lists the four specific health-related grounds: 1) aliens with a communicable disease; 2) aliens who have failed to present documentation of vaccination against specified diseases; 3) aliens with a mental or physical disorder that poses a threat to others or that is likely to do so, or who have, in the past, had such a disorder and it is likely to recur; and 4) drug abusers or addicts.

All but one of these health-related categories of inadmissibility are subject to "waiver" upon the meeting of certain requirements specific to that category, as determined by the INA, the U.S. Customs and Immigration Service, and applicable immigration regulations.

Communicable Diseases

The INA provision on diseases specifies that an alien is inadmissible if he or she has a communicable disease "of public health significance." The statute specifically lists the acquired immune deficiency syndrome (AIDS).

There is a discretionary waiver of this ground of inadmissibility. In addition, certain HIV-positive visitors may enter the United States temporarily. This includes entry up to 30 days for purposes such as seeking medical treatment or visiting family.

Vaccination

The INA lists several vaccine-preventable diseases for which a person must prove immunization against before entering the United States. These diseases include: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B, and hepatitis B. Other diseases may be added at any time by the Advisory Committee for Immunization Practices.

An exception to the requirement to prove immunization before entry exists for foreign children, 10 years old or younger, who are adopted by United States citizens. The adoptive parents need only sign an affidavit swearing to have their child immunized within 30 days of his or her entry into the United States.

The proof of vaccine requirement may be waived as a ground of inadmissibility if the alien receives the vaccination, a medical official certifies that the vaccine would not be medically necessary, or the vaccine is contrary to the alien's religious beliefs or moral convictions.

Mental or Physical Disorders Likely to Pose Threat

For a mental or physical disorder to result in exclusion from the United States, the disorder must result in behavior that poses a threat to the "property, safety, or welfare" of the alien or others. If the behavior is ongoing, that is a clear situation for inadmissibility. If the harmful behavior occurred in the past, then the alien is only inadmissible if the behavior is likely to recur. A discretionary waiver of inadmissibility is available for this ground of inadmissibility.

Drug Abusers or Addicts

Drug abuse and addiction are defined according to regulations issued by the Department of Health and Human Services. Drug abuse, for example, is more than a single use and more than experimentation. Drug addiction requires that the alien lose the power of self-control with respect to the drug. This health-related ground of inadmissibility is, in some ways, the "strictest" because it is the only health-related ground of inadmissibility that is not waivable.