Waiver for active TB for IR1 when disabled US spouse has to return to US for medical treatment.

[Search4Truth 2]

My wife has tested positive on a sputum text for an active TB during her medical evaluation for her IR1. I am disabled with a severe Fibromyalgia and must return to the US ASAP for medication and treatment. But I can not take care of myself. Can anything be done?

[Boiler 46,364]

Is there somewhere you can get treatment where she could also go?

[geowrian 22,338]

You can request a waiver, and it goes through a CDC consult and other steps. But it will not be quick, and I don't have any hard numbers, but they are very difficult to obtain.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume9-PartC-Chapter2.html

 

The mere act of somebody with active TB being on an airplane for an extended period of time is risky for others' health.

[Search4Truth 2]

I

4 hours ago, geowrian said:

You can request a waiver, and it goes through a CDC consult and other steps. But it will not be quick, and I don't have any hard numbers, but they are very difficult to obtain.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume9-PartC-Chapter2.html

 

The mere act of somebody with active TB being on an airplane for an extended period of time is risky for others' health.

Thanks for the response.

 

Yes I agree. I would not want to, neither would immigration allow, my wife become a health hazard to others. It is acknowledged though, that TB once under treatment, is no longer contagious in only a few weeks. That is when I would think it would be safe for others for my wife to travel to the US with me to continue her treatments. Although her treatments would be incomplete, her case would then be one of an inactive TB and not communicable.

 

Thanks for the link.

Al.

[Hank_ 9,174]

5 hours ago, Search4Truth said:

My wife has tested positive on a sputum text for an active TB during her medical evaluation for her IR1. I am disabled with a severe Fibromyalgia and must return to the US ASAP for medication and treatment. But I can not take care of myself. Can anything be done?

USCIS is not the Department of State and the embassy is under DOS, and they follow CDC guidelines regarding TB.  The embassy will not issue a visa without a completed medical, and SLEC will not issue a completed medical without completing TB treatment.     USCIS has zero control over policy at the embassy.

 

Do take note of the requirements listed on the USCIS webpage, one requirement is having a visa .. which requires the approval of the embassy.

 

 

Edited June 26, 2018 by Hank_

[Boiler 46,364]

My Mum had TB and have gone though a few scares at work, I would assume the US takes this very seriously, the UK certainly does.

[javadown2 308]

6 hours ago, Search4Truth said:

I

Thanks for the response.

 

Yes I agree. I would not want to, neither would immigration allow, my wife become a health hazard to others. It is acknowledged though, that TB once under treatment, is no longer contagious in only a few weeks. That is when I would think it would be safe for others for my wife to travel to the US with me to continue her treatments. Although her treatments would be incomplete, her case would then be one of an inactive TB and not communicable.

 

Thanks for the link.

Al.

The treatment is a minimum of 12 weeks, and it has to be witnessed by a pharmacist. So if she starts it in the Philippines then I'm sure she will have to stay until it's done. And like others have pointed out...she won't clear her medical from SLEC until her treatment is done. So you will probable have to find someone to care for you. You can't get the treatment in the Philippines? 

Edited June 26, 2018 by javadown2

[Hank_ 9,174]

21 minutes ago, javadown2 said:

The treatment is a minimum of 12 weeks, and it has to be witnessed by a pharmacist. So if she starts it in the Philippines then I'm sure she will have to stay until it's done. And like others have pointed out...she won't clear her medical from SLEC until her treatment is done. So you will probable have to find someone to care for you. You can't get the treatment in the Philippines? 

Treatment through SLEC is 6 months ... and it is DOT (Direct Observation Therapy) which means a daily trip to SLEC to take the meds.

 

 

[Search4Truth 2]

Thanks for all the responses. Especially the links. Makes a good starting place for research.

My research has yielded the following information. Of course, do your own due diligence.

 

Studies by numerous authoritative health and travel organizations have determined that the risk to travelers while on board a commercial aircraft with someone who is an infectious TB patient were very low. The studies were conducted based on individuals with serious TB cases. Due to aircraft filtering and ventilation. Commercial aircraft exceeding the CDC's requirements as safe environments for contagious TB patients. 

 

The CDC also indicates that someone with a smear negative and culture positive TB test is the least infectious TB.

 

The CDC also states that two weeks of TB treatment as the time necessary to render an infectious TB case non-contagious. Multiple drug resistant TB has a higher requirement.

 

So in summary.

 

My wife has the least contagious TB which can be rendered, according to the CDC, non-infectious in two weeks. Therefor not a public health hazard.

 

Waivers are highly discretional. The CDC being the medical authority. But not the decision maker. The decision maker being the embassy adjudicator. There are also no specific evidence requirements. Family hardship is a factor.

 

Thanks for all the help, 

Al.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume9-PartA-Chapter4.html

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume9-PartB-Chapter2.html

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume9.html

[javadown2 308]

8 minutes ago, Search4Truth said:

Thanks for all the responses. Especially the links. Makes a good starting place for research.

My research has yielded the following information. Of course, do your own due diligence.

 

Studies by numerous authoritative health and travel organizations have determined that the risk to travelers while on board a commercial aircraft with someone who is an infectious TB patient were very low. The studies were conducted based on individuals with serious TB cases. Due to aircraft filtering and ventilation. Commercial aircraft exceeding the CDC's requirements as safe environments for contagious TB patients. 

 

The CDC also indicates that someone with a smear negative and culture positive TB test is the least infectious TB.

 

The CDC also states that two weeks of TB treatment as the time necessary to render an infectious TB case non-contagious. Multiple drug resistant TB has a higher requirement.

 

So in summary.

 

My wife has the least contagious TB which can be rendered, according to the CDC, non-infectious in two weeks. Therefor not a public health hazard.

 

Waivers are highly discretional. The CDC being the medical authority. But not the decision maker. The decision maker being the embassy adjudicator. There are also no specific evidence requirements. Family hardship is a factor.

 

Thanks for all the help, 

Al.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume9-PartA-Chapter4.html

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume9-PartB-Chapter2.html

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume9.html

All this means nothing, she has to clear the SLEC criteria...Hank already posted that it requires a 6 month observed pharmaceutical treatment plan before they will clear her. And I'm sure it can't be waived. Why would they risk the chance of spreading TB and allowing her to travel? It won't happen. The decision maker is the Embassy/consulate and it requires her to pass the medical, which at this point requires her to be clear of the TB. I highly doubt they will allow a waiver for a TB infection because of a family hardship, it trumps the hardship. 

[geowrian 22,338]

I wish the OP good luck.

I'm also skeptical that SLEC will release the medical and then the CO will waive the inadmissibility, but I do wish you both good luck (the best of health moving forward!).

[notantifun 196]

19 minutes ago, Search4Truth said:

Thanks for all the responses. Especially the links. Makes a good starting place for research.

My research has yielded the following information. Of course, do your own due diligence.

 

Studies by numerous authoritative health and travel organizations have determined that the risk to travelers while on board a commercial aircraft with someone who is an infectious TB patient were very low. The studies were conducted based on individuals with serious TB cases. Due to aircraft filtering and ventilation. Commercial aircraft exceeding the CDC's requirements as safe environments for contagious TB patients. 

 

The CDC also indicates that someone with a smear negative and culture positive TB test is the least infectious TB.

 

The CDC also states that two weeks of TB treatment as the time necessary to render an infectious TB case non-contagious. Multiple drug resistant TB has a higher requirement.

 

So in summary.

 

My wife has the least contagious TB which can be rendered, according to the CDC, non-infectious in two weeks. Therefor not a public health hazard.

 

Waivers are highly discretional. The CDC being the medical authority. But not the decision maker. The decision maker being the embassy adjudicator. There are also no specific evidence requirements. Family hardship is a factor.

 

Thanks for all the help, 

Al.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume9-PartA-Chapter4.html

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume9-PartB-Chapter2.html

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume9.html

Hello,

 

Sorry to be blunt but all that are meaningless and will help not help your case in any way. From what I know Fibromyalgia treatment may weaken your immune system and being in contact with an individual who is TB positive may compromise your health. As it stands, your best recourse is to wait. Have her go through treatment and get better. If you truly love each other, you can both wait.

[Unlockable 7,316]

I agree with everyone else. It is a long shot. All the research you have done is good but it does not help the situation. Showing an officer research about driving 10 miles over the speed limit is safe is not going to to get you out of a speeding ticket. It is the law.

 

Besides, anyone can argue that you can obtain care from someone withing the US until your wife arrives. Even care.com is a resource for you.

 

Last but not least, morally, it would be best to wait and be sure your wife is not a risk to herself, you, or others.

[notantifun 196]

23 minutes ago, NuestraUnion said:

I agree with everyone else. It is a long shot. All the research you have done is good but it does not help the situation. Showing an officer research about driving 10 miles over the speed limit is safe is not going to to get you out of a speeding ticket. It is the law.

 

Besides, anyone can argue that you can obtain care from someone withing the US until your wife arrives. Even care.com is a resource for you.

 

Last but not least, morally, it would be best to wait and be sure your wife is not a risk to herself, you, or others.

Agree. All attempts to rush the process will only make OP seem like he will marry his fiancee with the intention of making her his full time caregiver.

[Search4Truth 2]

Thanks for the replys,

 

Fibromyalgia is not an immune system condition. It's source and nature is still unknown. Which makes it rife with snake oil salesmen. There is a lot of profiteering by people claiming to understand the condition and have the exclusive remedy.

 

The treatments vary widely. My doctor in the US prescribed strong narcotics. It helps a lot. Narcotics are very hard to get prescribed in the Philippines, especially for Fibromyalgia. Availability is also a problem. So I have to take the much less addictive, but less effective Tramadol. It claims to be an opioid, but works differently. Many people use supplements to treat their Fibromyalgia. I have been disabled since 2008 due to this condition. 

 

I've had Fibromyalgia for 13 years. I take large doses of vitamin C everyday. To bowel tolerance. Which has completely eliminated my debilitating Shingles symptoms. Athough the symptoms return if the Vitamin C is stopped. 

 

After dealing with a case of Candida I now have daily bowel movements. I never get sick. My wife and I have been married for 8 years and living together. She takes vitamin C and never gets sick. We have two daughters who also take vitamin C daily. They never get sick.

 

I have approached this condition as a virus, bacteria and heavy metal toxicity. None of which yielded the results a wanted. That being that I no longer have to take any pain medication. The Tramadol barely making the pain intolerable. Exacerbating  circumstances can make the pain agonizing. If you haven't experienced chronic, systemic and intense pain, you don't understand it. There is a significant psychological component to chronic pain. If you don't conquer it, the pain will break you. Depression often accompanies chronic pain. But not in my case, thank God. I still have hope.

 

Being the only one knowing the totality of the situation, I think my chances are good to get a waiver.

 

I also think that I can get a better idea of my chances of a waiver - which is not really a waiver, since the treatments will be conducted in the US - due to family hardship, from the person handling the case at the interview before applying. Waivers are very expensive.

 

If anyone wants to to know more about Fibromyalgia, Candida or Vitamin C please contact me privately. 

 

Thanks again, Al.

Edited June 26, 2018 by Search4Truth
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