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Addvice needed

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Filed: Lift. Cond. (pnd) Country: Peru

I really need some advice right now. My fiancee has her interview scheduled on october 3 and her medical exam is scheduled this coming monday september 25. She has just found out that a person she has been in close proximity with has been diagnosed with tuberculosis. My fiancee went to the hospital today to be tested for tuberculosis but will not have the results of the chest ex-ray until tonight. I know that tuberculosis would make her ineligible for a visa.

I have been searching on the internet for information on TB but have not been able to find the answers I am looking for. I have some questions and will greatly appreciate any help you may be able to give.

1. If a person tests positive for tuberculosis can they be treated for this and then be eligible for a visa or will this make them ineligible for life? (in other words can tuberculosis be completely cured?)

2. If my fiancee finds out that she has TB but that this can be treated and she will then be eligible for a visa we will obviously need to reschedule the interview and medical exam. Is there a deadline on when a person can call the embassy to reschedule an interview?

3. If an interview is rescheduled how far in the future can the interview be done? Is this up to the embassy or do they ask how much time you need?

I am worried sick right now and have not been able to sleep or eat since I found out about this last night all I can do is wait by the phone until my fiancee calls me tonight to let me know the results.

If you have any info for me I will greatly appreciate your help.


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Pasted from USCIS:

What happens if the Civil Surgeon or Panel Physician finds a health problem during the medical exam?

If a health condition is diagnosed which makes you inadmissible, you may still be eligible for immigration after completing treatment for the condition. In some cases, you may still be eligible for immigration after applying for a waiver to overcome the medical ground of inadmissibility.

What is a communicable disease of public health significance?

A “communicable disease of public health significance” is defined in the HHS regulations that cover the required medical exam for immigration purposes and includes the following 9 infectious medical conditions:

severe acute respiratory syndrome (SARS)

tuberculosis (TB)


human immunodeficiency virus (HIV/AIDS)

syphilis (infectious state)

chancroid (STD, similar to syphilis and herpes)


granuloma inguinale (STD, donovanosis)

lymphogranuloma (STD, chlamydia)

Most communicable diseases are easily treatable. If the medical tests are positive for a communicable disease, the Civil Surgeon will recommend a course of treatment. Some medical conditions are not easily treatable. However, you may still receive adjustment of status by filing a waiver application. You are eligible for a waiver if:

You are the spouse or unmarried son or daughter or the minor, unmarried adopted child of a U.S. citizen or LPR; or

You have a son or daughter or lawfully adopted child who is a U.S. citizen or LPR; or

You are eligible for classification as a self-petitioning spouse or child (including your derivative children) because of abuse.

The waiver may be granted according to the terms and conditions (which can include posting a bond) determined necessary by USCIS in consultation with public health officials, based on the nature of the medical condition. If you are applying for adjustment of status in the United States, you must file Form I-601, Application for Waiver of Grounds of Excludability, including payment of fee, with the USCIS office considering your adjustment of status application.

If you are applying for an immigrant visa at a U.S. Consular post abroad, you must submit your waiver application to the Consular post that is considering your immigrant visa application. The Consular post will send your waiver application to the overseas USCIS office in that jurisdiction for a decision. If you are applying for admission as a refugee, or for adjustment of status at least 1 year following your initial admission as a refugee or the grant of asylum, you may be granted a waiver for humanitarian reasons, to assure family unity, or when it is otherwise in the public interest. You must file Form I-602, Application by Refugee for Waiver of Ground of Excludability, but you are not required to pay a fee.

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