Rejection/Deportation of Hepatitis B Positive Beneficiary Since Birth? (Married Filing 485/693)

[Poesque 2]

My wife and I married within the 90-day K1 Visa window, but now we need to file the i-485, and from what I gather, we must file the I-693, even though some sources are not clear on whether this is required.  She has had Hepatitis B since birth, but has managed to be healthy with regular checkups for her entire life with no treatments.  We did not expect a problem this entire time, as most resources indicated it was not a disease that prevented K1 Visas from being rejected.  However, during this process of filling out the i-693 and researching the medical exam, I found some disturbing information from Google searches:

 

A positive Hepatitis B diagnosis can lead to the rejection of an I-485 (Application to Register Permanent Residence or Adjust Status) application, but it's not a guaranteed rejection. Applicants with communicable diseases of public health significance, including Hepatitis B, are generally inadmissible. However, there may be exceptions or waivers available. 

AND

Can you get a green card if you have hepatitis B?

Individuals will be deported if they are found to be positive for hepatitis B. An immigration policy may exist that appears to deny extended stay visas or work permits to people living with chronic hepatitis B, but you can challenge this with a letter and health report from your doctor.

 

During K1 research, I found statements such as:

Generally, Hepatitis B should not be a cause for K-1 visa rejection. Most applicants living with Hepatitis B are not considered ineligible for immigration. The USCIS considers health issues, but they do not automatically exclude individuals with Hepatitis B. 

 

Why would the policies not be consistent?  Why issue a K1 Visa and then reject you after marriage?

We are blessed in that my wife is now pregnant, but is there actually a chance that she will be rejected and deported?

I am in a state of panic, especially given the current immigration doctrine.  That is not a political statement, but simply an observation of heightened scrutiny of all types of applicants and increased deportation for various reasons.

 

[MalloryCat 716]

K1 Visa holders are not required to submit form I-693 if they are applying for adjustment of status within 1 year of the medical they received abroad.

 

your wife should have received a copy of form DS-3025 (vaccine documentation worksheet) from the physician who did her visa medical.

Does she have a copy of it?

it should be marked "K1 visa applicant voluntarily completed all vaccine requirements" or something like that.

if she has this document, you can submit a copy of it with a cover letter explaining K1 visa holders do not need to submit an I-693 if they had the medical abroad.

USCIS should have the medical linked to her A-file. it would have been sent to USCIS by CBP when she handed over the sealed envelope at her POE when she first arrived

[Poesque 2]

Thank you for your reply!  We have the US Department of State Vaccination Documentation Worksheet (OMB 1405-0113).  I do not see the number you referenced.  It specifically lists Hepatitis B Vaccine as Code H, which is a waiver for "known chronic hepatitis B virus infection".  We were completely transparent in the entire K1 process and disclosed the condition.  The expiration of this form is listed as 12/31/25, but the date of the document is 6/18/24.  If we only have (12) months, then we need to submit within the next (30) days.  I have an examination set up for the first of June, but wondering if submitting all of this within a new form would increase scrutiny and potential denial.  They left us with that form and a CD with the X-ray, but I think they retained other medical documents at POE.

[MalloryCat 716]

ahh yes that is the same form, it might have the DS-3025 listed in the bottom left corner of the page?

on the second page of the form is the second box checked?

 

if so, your wife wouldn't need a second medical. which would only be the vaccine portion of the I-693 anyway, it is listed in the instructions that K1 visa holders are only required to fill out that part. but if you have a DS-3025 that is marked as complete, you don't need to.

however if you can't get the AOS packet submitted within the next 30 days, she will need to do a whole new medical.

Edited May 19 by MalloryCat

[MalloryCat 716]

if anything USCIS might send an RFE for a new medical.

 

if your wife is out of status (which i'm guessing she is based on her POE date from your timeline) you want to get her AOS submitted as soon as possible.

[Edward and Jaycel 1,911]

18 minutes ago, Poesque said:

Thank you for your reply!  We have the US Department of State Vaccination Documentation Worksheet (OMB 1405-0113).  I do not see the number you referenced.  It specifically lists Hepatitis B Vaccine as Code H, which is a waiver for "known chronic hepatitis B virus infection".  We were completely transparent in the entire K1 process and disclosed the condition.  The expiration of this form is listed as 12/31/25, but the date of the document is 6/18/24.  If we only have (12) months, then we need to submit within the next (30) days.  I have an examination set up for the first of June, but wondering if submitting all of this within a new form would increase scrutiny and potential denial.  They left us with that form and a CD with the X-ray, but I think they retained other medical documents at POE.

 

That is the DS-3025 - The blanket waiver code they gave is correct. As @MalloryCat said above, as long as that 2nd box on the back page is checked you will not need a new medical as long as you submit the AOS before the 1 year anniversary of the medical exam. If you can get that package submitted before then, do not waste your time an money on another exam. Use that time and money to get the forms completed, evidence attached and submitted for the AOS  

[Poesque 2]

Thanks again to both of you!

 

I see the DS-3025 designation in the lower left of the page now, and yes, the second box for "K1 Visa applicant voluntarily completed vaccination requirements" is checked.  We have 99% of the I-485 and I-864 completed.  I cannot find the USCIS Online Account Number.  We have an account there, and I logged in but could not locate it there or on any subsequent paperwork or emails that clearly referenced such a number.  It says "if any", but if this is something that can help expedite information access on their end, then I want to include it.  Other than that, we are mostly down to printing out financials and making photocopies, so we should easily make the deadline.  Her K1 Visa expired in late February, but we were already married earlier in that month.  Her struggle with pregnancy sickness and general settling in distracted us, hence the delay.  The following is a checklist of items to address (copied from another online resource):

 

Arrival/Departure Record (known as Form I-94)

The approval notice (Form I-797) for the initial petition (Form I-129F)

Birth certificate

Marriage certificate

Passport page containing K-1 fiancé(e) visa

Passport page containing the entry stamp given by border official

Government-issued ID (must include a photo) (Vietnamese or USA?)

They will also need:

Two 2×2 passport-style photos

Form I-864 (officially called the “Affidavit of Support”)

Form I-693 (officially called the “Report of Medical Examination and Vaccination Record”)

 

This is what started me down the path of filling out I-693.

 

Is there a reference/instructions somewhere on including a cover letter for prior physical exam and vaccinations in the country of origin?  I think we have everything else ready to go!  As an aside, I posted this in another forum topic, but they listed her given name on the I-94 as "Middle" plus "First" (in that order).  This confused the SS office and DOHS when I attempted to get her a SSN as it was reversed from the marriage certificate.  They were not of help beyond advising me to go halfway across the country to the POE to get it physically changed in person.  I was recommended on these forums that we submit AOS and request the SSN number then with an explanation.  Apparently it happens occasionally with Vietnamese beneficiaries, as Vietnamese legal documents (including passports) list the middle name first.  Oi zoi oi!

Edited May 19 by Poesque

[Edward and Jaycel 1,911]

7 minutes ago, Poesque said:

We have an account there, and I logged in but could not locate it there or on any subsequent paperwork or emails that clearly referenced such a number.

 

Was this the one you created to track the I-129F? If so then you will not have an account number. One will be assigned to your wife when they accept the I-485 after you file it.

 

[MalloryCat 716]

you wont have a USCIS account number yet, you can just put N/A in that box

 

 

this is what we used for the DS-3025 cover letter. name, A-number, phone number, address, and email were all also written in the header

 

USCIS

Attn: AOS  

P.O. Box 4109

Carol Stream, IL 60197-4109

 

 

RE: Medical Exam for K-1 Nonimmigrant Visa Holder Applying for Adjustment of Status as an Immediate Relative of a US Citizen (Form I-485)

 

To whom it may concern,

 

I, Applicant Name, was admitted to the U.S. as a K-1 Visa Holder and am now applying for Adjustment of Status as an Immediate Relative based on marrying my US Citizen Spouse, Petitioner Name, within the requisite 90-day period.

I completed an immigration medical exam abroad prior to the issuance of my K-1 Visa and my entry to the United States AND within one year of filing my Form I-485 application. My Medical Exam was completed by a panel physician in Location on Date. The panel physician did not find any medical conditions (this might need to be changed due to your wife's HepB) and documented that I voluntarily completed all vaccination requirements.

Per Form I-693 instructions, I am not required to complete another medical examination if I completed an immigration medical exam abroad within one year of filing Form I-485; and I provide proof that I complied with all vaccination requirements. Following this letter I have included a copy of my Form DS-3025 Vaccination Documentation Worksheet which was completed and signed by the panel physician during the medical examination indicated above.

Copies of documents submitted are exact photocopies of true, unaltered documents and I understand that I may be required to submit original documents to an immigration or consular officer at a later date.

 

Signed,

 

 

Applicant Name

 

as far as the I-94, i believe that would be your only option to go back to the POE and change it. 

or you can just request one with the I-485. but many have said that SSA have stopped automatically issuing the SS cards, and you may have to go into the SSO after your wife receives her greencard

[Poesque 2]

19 minutes ago, MalloryCat said:

this is what we used for the DS-3025 cover letter. name, A-number, phone number, address, and email were all also written in the header

A-number?

Edited May 19 by Poesque

[MalloryCat 716]

4 minutes ago, Poesque said:

A-number?

alien number

if you check your I-129f approval notice, it is probably on there where it says beneficiary

it starts with A and then 7-9 numbers after

so like: A123456789

[Poesque 2]

2 minutes ago, MalloryCat said:

alien number

if you check your I-129f approval notice, it is probably on there where it says beneficiary

it starts with A and then 7-9 numbers after

so like: A123456789

Found it on the I-797 Approval Notice, within the beneficiary box.  AXXX XXX XXX.
Thanks again!

[WeekendPizzaiolo 103]

 

6 hours ago, Poesque said:

My wife and I married within the 90-day K1 Visa window, but now we need to file the i-485, and from what I gather, we must file the I-693, even though some sources are not clear on whether this is required.  She has had Hepatitis B since birth, but has managed to be healthy with regular checkups for her entire life with no treatments.  We did not expect a problem this entire time, as most resources indicated it was not a disease that prevented K1 Visas from being rejected.  However, during this process of filling out the i-693 and researching the medical exam, I found some disturbing information from Google searches:

 

A positive Hepatitis B diagnosis can lead to the rejection of an I-485 (Application to Register Permanent Residence or Adjust Status) application, but it's not a guaranteed rejection. Applicants with communicable diseases of public health significance, including Hepatitis B, are generally inadmissible. However, there may be exceptions or waivers available. 

AND

Can you get a green card if you have hepatitis B?

Individuals will be deported if they are found to be positive for hepatitis B. An immigration policy may exist that appears to deny extended stay visas or work permits to people living with chronic hepatitis B, but you can challenge this with a letter and health report from your doctor.

 

During K1 research, I found statements such as:

Generally, Hepatitis B should not be a cause for K-1 visa rejection. Most applicants living with Hepatitis B are not considered ineligible for immigration. The USCIS considers health issues, but they do not automatically exclude individuals with Hepatitis B. 

 

Why would the policies not be consistent?  Why issue a K1 Visa and then reject you after marriage?

We are blessed in that my wife is now pregnant, but is there actually a chance that she will be rejected and deported?

I am in a state of panic, especially given the current immigration doctrine.  That is not a political statement, but simply an observation of heightened scrutiny of all types of applicants and increased deportation for various reasons.

 

 

I totally understand your worry -- Google searches can do that. One must be careful with this as some search results may refer to out-of-date secondary content. I am very curious about the sources of these quotes. When I look at official government sources, such as the USCIS manual and HHS guidance, a less worrying picture emerges.

 

If you refer to the USCIS manual available on their website (https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-6), it states that HHS decides on the diseases and the circumstances of that disease that makes someone inadmissible.

Quote

Applicants who have communicable diseases of public health significance are inadmissible.^[1] The Department of Health and Human Services (HHS) has designated the following conditions as communicable diseases of public health significance that apply to immigration medical examinations conducted in the United States:^[2]

• Gonorrhea;
• Hansen’s Disease (Leprosy), infectious;
• Syphilis, infectious stage; and 
• Tuberculosis (TB), Active—Only a Class A TB diagnosis renders an applicant inadmissible to the United States. Under current Centers for Disease Control and Prevention (CDC)guidelines, Class A TB means TB that is clinically active and communicable. 

What qualifies as a communicable disease of public health significance is determined by HHS, not by USCIS. Any regulatory updates HHS makes to its list of communicable diseases of public health significance are controlling over the list provided in this Part B.

 

HHS periodically adds or removes disease on the federal register through the regulatory process. The latest Part B does not include Hepatitis B.

 

The manual also mentions flexibility for HHS to account for emerging worldwide public health threats, such as outbreaks or severely infectious diseases, but this is only for panel physicians for examinations conducted abroad.

Quote

HHS regulations also list two additional general categories of communicable diseases of public health significance.^[3] Currently, these provisions only apply to applicants outside the United States who have to be examined by panel physicians:^[4]

• Communicable diseases that may make a person subject to quarantine, as listed in a Presidential Executive Order, as provided under Section 361(b) of the Public Health Service Act.^[5]
• Communicable diseases that may pose a public health emergency of international concern if they meet one or more of the factors listed in 42 CFR 34.3(d) and for which the Director of the CDC has determined that (A) a threat exists for importation into the United States, and (B) such disease may potentially affect the health of the American public. The determination will be made consistent with criteria established in Annex 2 of the revised International Health Regulations. HHS/CDC's determinations will be announced by notice in the Federal Register.

 

HepB is not listed in CDC's communicable disease addendum (https://www.cdc.gov/immigrant-refugee-health/hcp/panel-physicians/communicable-diseases-addendum.html). There some text:

Quote

 

Applicants are inadmissible into the United States if they are determined 1) to have a communicable disease of public health significance; 2) 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 applicant or others; 3) to have a history of a physical or mental disorder associated with behavior which posed a threat to the property, safety, or welfare of the applicant or others and which is likely to recur or lead to other harmful behavior; or 4) to be a drug abuser or addict.

 

Since this is a well-managed congenital HepB infection, 2, 3, and 4 seem like a stretch. As others have stated, if you have a complete DS-3025, you can submit this document for the medical portion of your I-485 Adjustment of Status.