Can an 85 year old male with Hepatitis B obtain an immigrant visa?

[Terca 6]

Hello friends,

Can an 85 year old male with Hepatitis B obtain an immigrant visa?

The sponsor makes lots of money so they can prove that this gentleman will not be a public charge. But what about the communicable disease section of the law? I have been doing research and this is what I found:

Section 212(a) of the Immigration and Nationality Act reads:

(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-

(i) 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, which shall include infection with the etiologic agent for acquired immune deficiency syndrome,

I wanted a goverment site where they explicitly say "a person with HEPATITIS B cannot get an immigrant visa to usa" and found none. However, I did find this info on the hochiminh us consulate page

13. I have Hepatitis B. Can I be granted an immigrant visa?

Hepatitis B is not a medical condition that will make the beneficiary ineligible for a visa on health related grounds. However, all visa applicants are required to show that they will not become a public charge in the U.S. if they receive a visa. http://hochiminh.usconsulate.gov/iv/faqs.html

What do you guys think?

[Anh map 2,098]

Is this related to bringing a parent to the US or a spouse petition? The answer will help to have this thread placed in the proper forum?

There could be a requirement that the alien have a health insurance poilcy. I have seen that mentioned in other threads where older immigrants are concerned.

[Terca 6]

ohh thank you lemme correct and add that info.

sorry i could not edit my original post.

The 85 year old with Hepatatis will be seeking a visa as the Parent of a us Citizen, I should have posted on the family members forum, I'm so used to posting in this one that I forgot

Edited April 7, 2010 by Terca

[Anh map 2,098]

-Moved from IR1/CR1 forum to Bringing Family Members of US Citizens forum-

Edited April 8, 2010 by Anh map

[Boiler 45,668]

How would you get Health Insurance, with or without that condition?

[Dakine 26]

As long as the petitioner meets the minimum financial requirements there isn't any problem.

[Dakine 26]

As long as the petitioner meets the minimum financial requirements there isn't any problem.

I have seen where the petitioner is required to show evidence of plans of continued treatment in the US when they get here.

Edited April 8, 2010 by Dakine

[bila-n-javi 1]

Thanks for your input guys!

If they do request evidence to show plans for treatment in future it can be provided, as long as is not an outright denial (<-- on behalf of OP, no internet)