Potential Grounds of Inadmissibility -

TN Visa Status / Green Card Applicants

Health-Related Grounds. INA § 212(a)(1).

Foreign citizens falling under the following health-related categories may not receive a visa or gain admission to the U.S. under any status, including TN visa status, except as otherwise provided:

1. Communicable Diseases

• Inadmissible: Any foreign citizen found to have a communicable disease of public health significance (including AIDS).

• Waiver: A foreign citizen may apply for a waiver of this ground under INA § 212 (g) (1) if or he or she:

a. Is the spouse or unmarried son / daughter of a U.S. citizen, a lawful permanent resident or immigrant visa holder;

b. Has a son / daughter who is a U.S. citizen, a lawful permanent resident or immigrant visa holder; or

c. Qualifies for certain family-based green card applications under INA § 204 (a) (1) (A) and (B) for battered spouses or whom has been subject to domestic violence.

2. Failure to Receive Vaccinations

• Inadmissible: Any foreign citizen who seeks admission as an immigrant, or who seeks adjustment of status to lawful permanent residence, and who has failed to receive vaccination against vaccine-preventable diseases.

• This ground is applicable to Green Card (Immigrant) applicants only.

• Vaccinations required include those for mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases.

• Exception: An exception to this ground exists for certain adopted children 10 years of age or younger. INA § 212 (a) (1) (C).

• Waiver: A foreign citizen may apply for a waiver of this ground under INA § 212 (g) (2) if he or she:

a. Subsequently receives the required vaccination;

b. Obtains a certification from a surgeon, medical officer or panel physician stating that the required vaccination would not be medically appropriate; or

c. Proves that the vaccination requirement is contrary to the individual’s religious beliefs or moral convictions.

3. Physical or Mental Disorders

• Inadmissible: Any foreign citizen determined to have a physical or mental disorder that may pose a threat to the property, safety, or welfare of the foreign citizen or others.

• Waiver: A foreign citizen may apply for a waiver of this ground under INA § 212 (g) (3) in accordance with certain terms and conditions.

4. Drug Abusers / Addicts

• Inadmissible: Any foreign citizen determined to be a drug abuser or addict.