看到樓下兩位朋友的帖勾起了老貓的好奇心，這是老貓在網上找到一個很好的說明有關您的案件，相信這個資料對您應該是一個好消息，(當然這個資料有些老舊，但是鑒於這個部份的法規並未有太多的改變，所以應該仍然是有用的資料)
I entered U.S. as an F-1 student in 1996. I received my Masters Degree in Computer Science this year. I currently have a job as a programmer and my status is H1B.?I am planning to apply for Green Card, but I just found my hepatitis B lab test was positive. I am worried about whether I can pass the medical examination for the Green Card application. Will Hepatitis B prevent me from getting my green card?
Probably not. According to INA §212(a)(1)(A)(i), an alien who is determined to have a communicable disease of public health significance (including HIV) is excludable. The regulations of the Department of Health and Human Services at 42 CFR §34.2(b) list the diseases which may fall within INA §212(a)(1)(A)(i) as follows:
Chancroid;
Gonorrhea;
Granuloma inguinale;
Hansen's disease (leprosy);
Human immunodeficiency virus (HIV) infection;
Lymphogranuloma venereum;
Syphillis, infectious stage; and
Tuberculosis, infectious.
The list does not include hepatitis B.
According to INA §212(a)(4), an individual who "by reason of poverty, insanity, disease, or disability would become a charge upon the public" is excludable. While it is possible to argue that you may become a public charge because of your disease, as long as you are healthy enough to maintain your employment, you should avoid the public charge exclusion ground.
According to INA §212(a)(1)(A)(ii), intending immigrants are excludable unless they can document having received vaccinations against vaccine-preventable diseases, including hepatitis B. However, this does not specifically exclude a person who already has hepatitis B. If you get the vaccination for hepatitis B, you are not excludable under this provision. If a vaccination is medically inappropriate because you already have the disease, the panel physician can recommend a medical waiver of the vaccination requirement.
In summary, I do not believe that your current illness will prevent you from obtaining permanent resident status.
資料來源:
http://www.americanlaw.com/q&a80.html
I entered U.S. as an F-1 student in 1996. I received my Masters Degree in Computer Science this year. I currently have a job as a programmer and my status is H1B.?I am planning to apply for Green Card, but I just found my hepatitis B lab test was positive. I am worried about whether I can pass the medical examination for the Green Card application. Will Hepatitis B prevent me from getting my green card?
Probably not. According to INA §212(a)(1)(A)(i), an alien who is determined to have a communicable disease of public health significance (including HIV) is excludable. The regulations of the Department of Health and Human Services at 42 CFR §34.2(b) list the diseases which may fall within INA §212(a)(1)(A)(i) as follows:
Chancroid;
Gonorrhea;
Granuloma inguinale;
Hansen's disease (leprosy);
Human immunodeficiency virus (HIV) infection;
Lymphogranuloma venereum;
Syphillis, infectious stage; and
Tuberculosis, infectious.
The list does not include hepatitis B.
According to INA §212(a)(4), an individual who "by reason of poverty, insanity, disease, or disability would become a charge upon the public" is excludable. While it is possible to argue that you may become a public charge because of your disease, as long as you are healthy enough to maintain your employment, you should avoid the public charge exclusion ground.
According to INA §212(a)(1)(A)(ii), intending immigrants are excludable unless they can document having received vaccinations against vaccine-preventable diseases, including hepatitis B. However, this does not specifically exclude a person who already has hepatitis B. If you get the vaccination for hepatitis B, you are not excludable under this provision. If a vaccination is medically inappropriate because you already have the disease, the panel physician can recommend a medical waiver of the vaccination requirement.
In summary, I do not believe that your current illness will prevent you from obtaining permanent resident status.
資料來源:
http://www.americanlaw.com/q&a80.html
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