Skip to main content
U.S. flag
An official website of the United States government    Here's how you know
Español
Multilingual Resources
Official Government Website

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Website

Secure .gov websites use HTTPS
A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Homeland Security Seal, U.S. Citizenship and Immigration Services
 
Sign In  
Access USCIS online services.
  • Sign In
  • Create Account
Sign In
Create Account
  • Topics

    • Family

      • Family of Green Card Holders (Permanent Residents)
      • Family of Refugees and Asylees
      • Family of U.S. Citizens
    • Adoption

      • Before You Start
      • Immigration through Adoption
    • Military

      • Citizenship for Military Family Members
      • Naturalization Through Military Service
    • Humanitarian

      • Humanitarian Parole
      • Refugees and Asylum
      • Temporary Protected Status
    • Visit the U.S.

      • Change My Nonimmigrant Status
      • Extend Your Stay
    • Working in the United States

      • Permanent Workers
      • Temporary (Nonimmigrant) Workers
    • Avoid Scams

      • Common Scams
      • Find Legal Services
      • Report Immigration Scams
    • Careers at USCIS

      • Career Opportunities
      • Special Hiring Programs
  • Forms

    • Most Accessed Forms

      • I-485, Application to Register Permanent Residence or Adjust Status
      • I-765, Application for Employment Authorization
      • I-90, Application to Replace Permanent Resident Card (Green Card)
      • N-400, Application for Naturalization
    • All Forms

    • File Online

    • Family Based Forms

      • I-129F, Petition for Alien Fiancé(e)
      • I-130, Petition for Alien Relative
      • I-360, Petition for Amerasian, Widow(er), or Special Immigrant
      • I-600, Petition to Classify Orphan as an Immediate Relative
      • I-751, Petition to Remove Conditions on Residence
    • Employment Based Forms

      • I-9, Employment Eligibility Verification
      • I-129, Petition for a Nonimmigrant Worker
      • I-140, Immigrant Petition for Alien Workers
      • I-526, Immigrant Petition by Standalone Investor
      • I-539, Application to Extend/Change Nonimmigrant Status
    • Humanitarian Based Forms

      • I-134A, Online Request to be a Supporter and Declaration of Financial Support
      • I-589, Application for Asylum and for Withholding of Removal
      • I-730, Refugee/Asylee Relative Petition
      • I-821, Application for Temporary Protected Status
  • Newsroom

    • All News

      • Alerts
      • Fact Sheets
      • News Releases
    • Media Contacts

    • Multimedia Gallery

    • Social Media Directory

    • Speeches, Statements, Testimony

  • Citizenship

    • Learners

      • Apply for Citizenship
      • Learn About Citizenship
      • Naturalization Test and Study Resources
    • Educators

      • Educational Products for Educators
      • Resources for Educational Programs
      • Teacher Training Sessions
    • Organizations

      • Outreach Tools
      • Civic Integration
      • Interagency Strategy for Promoting Naturalization
      • Naturalization-Related Data and Statistics
    • Grants

      • Learn About the Citizenship and Integration Grant Program
      • Success Stories from Grant Recipients
  • Green Card

    • Green Card Processes and Procedures

      • Adjustment of Status
      • After We Grant Your Green Card
      • Employment Authorization Document
      • Visa Availability and Priority Dates
    • Green Card Eligibility Categories

    • How to Apply for a Green Card

    • Replace Your Green Card

    • While Your Green Card Application Is Pending with USCIS

  • Laws

    • Legislation

      • Immigration and Nationality Act
    • Class Action, Settlement Notices and Agreements

    • Unlawful Presence and Inadmissibility

    • Policy Manual

    • Regulations

    • Administrative Appeals

  • Tools

    • Self-Help Tools

      • Check Case Processing Times
      • Case Status Online
      • Change of Address
      • E-Request
      • Password Resets and Technical Support
    • Website Resources

      • Archive
      • A-Z Index
      • Website Policies
    • Additional Resources

      • Explore my Options
      • Immigration and Citizenship Data
      • Multilingual Resource Center
      • USCIS Tools and Resources
  • Contact us
  • Multilingual Resources
Policy Manual
Contents
Updates
INA
8 CFR
Glossary
Feedback
 
 
Book outline for Policy Manual
  • Policy Manual
    • Search
    • Updates
    • Table of Contents
    • Volume 1 - General Policies and Procedures
    • Volume 2 - Nonimmigrants
    • Volume 3 - Humanitarian Protection and Parole
    • Volume 4 - Refugees and Asylees
    • Volume 5 - Adoptions
    • Volume 6 - Immigrants
    • Volume 7 - Adjustment of Status
    • Volume 8 - Admissibility
      • Part A - Admissibility Policies and Procedures
      • Part B - Health-Related Grounds of Inadmissibility
        • Chapter 1 - Purpose and Background
        • Chapter 2 - Medical Examination and Vaccination Record
        • Chapter 3 - Applicability of Medical Examination and Vaccination Requirement
        • Chapter 4 - Review of Medical Examination Documentation
        • Chapter 5 - Review of Overall Findings
        • Chapter 6 - Communicable Diseases of Public Health Significance
        • Chapter 7 - Physical or Mental Disorder with Associated Harmful Behavior
        • Chapter 8 - Drug Abuse or Drug Addiction
        • Chapter 9 - Vaccination Requirement
        • Chapter 10 - Other Medical Conditions
        • Chapter 11 - Inadmissibility Determination
        • Chapter 12 - Waiver Authority
      • Part C - Civil Surgeon Designation and Revocation
      • Part D - Criminal and Related Grounds of Inadmissibility
      • Part E - Terrorism
      • Part F - National Security and Related Grounds of Inadmissibility
      • Part G - Public Charge Ground of Inadmissibility
      • Part H - Labor Certification and Select Immigrant Qualifications
      • Part I - Illegal Entrants and Other Immigration Violators
      • Part J - Fraud and Willful Misrepresentation
      • Part K - False Claim to U.S. Citizenship
      • Part L - Documentation Requirements
      • Part M - Citizenship Ineligibility
      • Part N - Noncitizens Previously Removed
      • Part O - Noncitizens Unlawfully Present
      • Part P - Noncitizens Present After Previous Immigration Violation
      • Part Q - Practicing Polygamists, International Child Abductors, Unlawful Voters, and Tax Evaders
    • Volume 9 - Waivers and Other Forms of Relief
    • Volume 10 - Employment Authorization
    • Volume 11 - Travel and Identity Documents
    • Volume 12 - Citizenship and Naturalization
Breadcrumb
  1. Home
  2. Policy Manual
  3. Volume 8 - Admissibility
  4. Part B - Health-Related Grounds of Inadmissibility
  5. Chapter 11 - Inadmissibility Determination

Chapter 11 - Inadmissibility Determination

Content navigation tabs
  • Guidance
  • Resources (9)
  • Appendices (0)
  • Updates (6)
  • History (0)

A. Civil Surgeon or Panel Physician Documentation

If a “Class A condition” is noted on the medical form, it is conclusive evidence that the applicant is inadmissible. The Class A annotation may also indicate that an applicant could be inadmissible on other grounds of inadmissibility. For example, “harmful behavior” associated with a physical or mental disorder, or illegal drug use, may have resulted in criminal convictions that make an applicant inadmissible under INA 212(a)(2). However, a criminal conviction should be supported by conviction records or similar evidence, and not just the medical examination report.[1]

If a civil surgeon or panel physician only annotates a “Class B condition” (per U.S. Department of Health and Human Services regulations), the applicant is never inadmissible on health-related grounds. The officer should remember that if the civil surgeon or panel physician indicates on the Report of Immigration Medical Examination and Vaccination Record (Form I-693) that a former Class A condition is now a Class B condition, the applicant is no longer inadmissible. However, a Class B condition may indicate that the applicant could be inadmissible on other grounds because of the condition, such as public charge.[2]

The officer may encounter medical documentation that is not fully completed. In this case, the officer should issue a Request for Evidence (RFE). If the physician fails to properly complete the form in response to the RFE, the applicant has not established that he or she is clearly admissible to the United States.[3]

B. Applicant’s Declaration

If the applicant indicates that he or she may be inadmissible based on a medical reason, the officer must order a medical examination of the applicant. Based on the results of that medical exam, the officer should ascertain whether the applicant actually has a Class A, Class B, or no condition at all that is relevant to the applicant’s admissibility. The applicant should not be found inadmissible unless the medical examination confirms the presence of a Class A medical condition.

C. Other Information

Even if the civil surgeon or panel physician did not annotate a Class A or B condition in the medical documentation, or if the applicant was not required to undergo a medical examination, the officer may order or reorder an immigration medical examination at any time if he or she has concerns as to an applicant’s inadmissibility on health-related grounds.

The concern should be based on information in the A-file, information that is revealed by the applicant or another applicant during an interview, or information revealed during a background investigation.

D. Other Grounds of Inadmissibility

1. General Considerations

Where relevant, the information contained in the medical examination can be used to determine whether other grounds of inadmissibility may apply. For instance, health is one factor to consider when determining if someone is inadmissible on public charge grounds. This factor must, however, be considered in light of all other factors specified by law.[4]

2. Criminal Grounds

An applicant may be inadmissible on criminal grounds if he or she has admitted to committing certain controlled substance violations.[5] An applicant may acknowledge to a civil surgeon or a panel physician that he or she has used a controlled substance, which the physician then may annotate on the medical documentation.

USCIS does not consider this acknowledgement, in and of itself, a valid admission that would make an applicant inadmissible on criminal grounds.[6] However such an acknowledgment of drug use may open a line of questioning to determine criminal inadmissibility. USCIS officers should find that an applicant has made a valid “admission” of a crime only when the admission is made in accordance with the requirements outlined by the Board of Immigration Appeals.[7]

E. Privacy Concerns

An officer should take great care to regard the privacy of the applicant. The officer should generally not discuss the applicant’s medical issues with applicants other than the applicant, his or her counsel, immigration officers, or other government officials[8] who clearly have a need to know the information.

The officer should not directly contact a civil surgeon to discuss an applicant’s inadmissibility or medical issues. If the officer has any concerns that cannot be resolved by reviewing the evidence in the record, the officer should issue an RFE.

Footnotes


[^ 1] See Section D, Other Grounds of Inadmissibility [8 USCIS-PM B.11(D)] for more information.

[^ 2] See Section D, Other Grounds of Inadmissibility [8 USCIS-PM B.11(D)] for more information.

[^ 3] See INA 291.

[^ 4] See INA 212(a)(4)(B).

[^ 5] See INA 212(a)(2)(A).

[^ 6] A valid admission (absent a conviction) for purposes of criminal inadmissibility grounds “requires that the [alien] be given an adequate definition of the crime, including all essential elements, and that it be explained in understandable terms.” See Matter of K-, 7 I&N Dec. 594, 597 (BIA 1957).

[^ 7] See Matter of K-, 7 I&N Dec. 594 (BIA 1957). Even in the Ninth Circuit, USCIS officers should continue to follow Matter of K-, rather than Pazcoguin v. Radcliffe, 292 F.3d 1209 (9th Cir. 2002). Following Matter of K- will ensure that any admission the person may make is a fully informed one.

[^ 8] Such as the Centers for Disease Control and Prevention.

Resources

Legal Authorities

42 CFR 34 - Medical examination of aliens

42 U.S.C. 252 - Medical examination of aliens

INA 212(a)(1) - Health-related grounds

INA 221(d) - Physical examination

INA 232, 8 CFR 232 - Detention of aliens for physical and mental examination

Technical Instructions for Civil Surgeons

Forms

G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

I-693, Report of Medical Examination and Vaccination Record

Other Materials

How to Use the USCIS Policy Manual Website (PDF, 2.99 MB)

Appendices

No appendices available at this time.

Updates

Technical Update - Replacing the Term “Alien”

May 11, 2021

This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

May 21, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk (PDF, 317.68 KB) between the AFM and the Policy Manual.

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole

4 USCIS-PM - Volume 4 - Refugees and Asylees

5 USCIS-PM - Volume 5 - Adoptions

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

Technical Update - Replacing the Term “Foreign National”

October 08, 2019

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

POLICY ALERT - Validity of Report of Medical Examination and Vaccination Record (Form I-693)

October 16, 2018

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in Volume 8, Part B of the USCIS Policy Manual regarding the period of time during which a Form I-693 submitted in support of a related immigration benefits application is considered valid.

Read More
Affected Sections

8 USCIS-PM B - Part B - Health-Related Grounds of Inadmissibility

POLICY ALERT - Definition of Certain Classes of Medical Conditions and Other Updates Relating to Health-Related Grounds of Inadmissibility

November 02, 2016

U.S. Citizenship and Immigration Services (USCIS) is updating guidance regarding health-related grounds of inadmissibility in accordance with the U.S. Department of Health and Human Services (HHS) rulemaking updating Title 42 of the Code of Federal Regulations, part 34 (42 CFR 34).

Read More
Affected Sections

8 USCIS-PM B - Part B - Health-Related Grounds of Inadmissibility

POLICY ALERT - Health-Related Grounds of Inadmissibility and Waivers

January 28, 2014

U.S. Citizenship and Immigration Services (USCIS) is issuing guidance in the USCIS Policy Manual on the health-related grounds of inadmissibility under INA 212(a)(1) and corresponding waivers under INA 212(g).

Read More
Affected Sections

8 USCIS-PM B - Part B - Health-Related Grounds of Inadmissibility

9 USCIS-PM D - Part D - Health-Related Grounds of Inadmissibility

Version History

No historical versions available.

0
Page sub tree links
Current as of January 05, 2024
Back
Next
Was this page helpful?
0 / 2000
To protect your privacy, please do not include any personal information in your feedback. Review our Privacy Policy.
Return to top
  • Topics
  • Forms
  • Newsroom
  • Citizenship
  • Green Card
  • Laws
  • Tools
U.S. Department of Homeland Security Seal, U.S. Citizenship and Immigration Services
Facebook
Twitter
YouTube
Instagram
LinkedIn
Email
Contact USCIS
U.S. Department of Homeland Security Seal
Agency description

USCIS.gov

An official website of the U.S. Department of Homeland Security

Important links
  • About USCIS
  • Accessibility
  • Budget and Performance
  • DHS Components
  • Freedom of Information Act
  • No FEAR Act Data
  • Privacy and Legal Disclaimers
  • Site Map
  • Office of the Inspector General
  • The White House
  • USA.gov
Looking for U.S. government information and services?
Visit USA.gov