There are different grounds related to why your United States VISA may have been rejected. In this matter, it is important that you know why your VISA may have been rejected and if you have control over it.
Your VISA application may have been rejected because of a handful of reasons. This article discusses the health-related grounds as to why your VISA may have been rejected.
Section 212(a) of the Immigration and Nationality Act
(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(1) Health-related grounds. –
(A) In general. 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
- except as provided in subparagraph (C), seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases:
- Mumps;
- Measles;
- Rubella;
- Polio;
- Tetanus;
- Diphtheria toxoids;
- Pertussis;
- Influenza type B; and
- Hepatitis B and any other vaccinations against vaccine-preventable diseases are recommended by the Advisory Committee for Immunization Practices.
- who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)-
- to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or
- to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or
- who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible.
What are considered communicable diseases of public health significance?
According to the classification made by the Centers for Disease Control and Prevention (CDC), the following are considered as communicable diseases of public health significance:
- infectious active tuberculosis (TB);
- Hansen’s disease (leprosy);
- Gonorrhea; and/or
- infectious syphilis.
The above list has been specifically named as communicable diseases of public health significance. However, the CDC reminds the public that they constantly review the list of diseases in the regulations. This means that the list may change at any time.
The diseases and the role of the CDC on the matter will be further discussed in another article that discusses the Final Rule for the Medical Examination of Aliens. You may find it on our blog as well.
Are there exceptions for those who do not want to get immunized?
Generally, the right not to get immunized is given by the United States to those who are already its citizens. Anybody who wants to enter the United States, under a VISA, must prove that they have been immunized from the diseases listed such as:
- Mumps;
- Measles;
- Rubella;
- Polio;
- Tetanus;
- Diphtheria toxoids;
- Pertussis;
- Influenza type B; and
- Hepatitis B and any other vaccinations against vaccine-preventable diseases are recommended by the Advisory Committee for Immunization Practices.
A waiver of immunization is allowed for adopted children who are ten years of age or younger. The following are qualifications:
- is 10 years of age or younger
- is described in section 101(b)(1)(F); and
- is seeking an immigrant visa as an immediate relative under section 201(b), if, before the admission of the child, an adoptive parent or prospective adoptive parent of the child, who has sponsored the child for admission as an immediate relative, has executed an affidavit stating that the parent is aware of the provisions of subparagraph (A)(ii) and will ensure that, within 30 days of the child’s admission, or at the earliest time that is medically appropriate, the child will receive the vaccinations identified in such subparagraph.
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