Why Do Immigration Applicants Need a Physical Examination?

 Posted on June 12, 2020 in Immigration

The immigration process involves many forms and steps. To those who have never gone through it, it can be confusing. Depending on the type of immigration benefit the applicant is seeking, he or she may be required to pass a medical examination. For example, those wishing to receive adjustment of status or K or V nonimmigrant visas must have an exam performed by an authorized physician or civil surgeon. It can be performed abroad or within the States. During the exam, the doctor reviews the applicant’s medical and vaccination history. In addition, a new physical, blood test, and chest X-ray will be conducted. However, immigrants who are under 15 years old are typically not required to have a chest X-ray or blood test.

Medical Grounds of Inadmissibility

Although it is not considered a comprehensive physical examination, the exam that is used for immigrant visa applicants does screen for certain conditions. The physician checks different areas of the applicant’s body to identify any condition that would designate him or her as inadmissible to the United States. The doctor can administer any required vaccinations that the individual may be missing. The applicant must agree to be vaccinated and submit proof of the vaccination.

Specific health conditions can be considered a threat to public health. Therefore, a person may not be granted immigration benefits on the basis of medical grounds of inadmissibility. Some of the most common communicable diseases of public concern include:

• Severe Acute Respiratory Syndrome (SARS)
• Tuberculosis (TB)
• Leprosy
• Human Immunodeficiency Virus (HIV/AIDS)
• Sexually transmitted diseases (STDs) such as Syphilis, Gonorrhea, Herpes, Chlamydia

It is important to note that an applicant who tested positive for HIV/AIDS may be entitled to file a waiver application. He or she must also prove that his or her admission to the United States poses a minimal public health danger and the likelihood of spreading the infection is minor. In addition, the individual must not incur any costs to a government agency because of illness unless it is authorized by that agency.

Other grounds of inadmissibility may include:

• Inadequate vaccinations
• Mental disorders with violent behaviors
• Drug addiction/abuse

Using the Centers for Disease Control and Prevention (CDC) guidelines, the examining physician will determine if an applicant has a substance abuse problem or if he or she is a danger to others because of a physical or mental disorder.

Contact an Illinois Immigration Attorney

There are many steps on the path to U.S. immigration, and it is critical to complete them properly. One of the most important aspects of the process is the physical and mental health of an applicant. The award-winning attorneys at the Mevorah & Giglio Law Offices are skilled in representing clients through all phases of the immigration process. Our diligent Illinois immigration lawyers have several decades of combined experience helping immigrants achieve their dreams of becoming U.S. citizens. Call us today at 630-932-9100 to schedule your free consultation.