Checking for any communicable diseases forms an important part of the Immigration Medical Examination, an exam that is conducted by USCIS-approved Civil Surgeons. Here are some more frequently asked questions on Tuberculosis that we answer here:
Q: What if the local TB Control Program is unable to provide treatment for latent TB infection (LTBI)?
A: Treatment for LTBI, or Latent TB Infection is not required, though it is highly recommended. If a health department TB Control Program is not able to accept a referral, the civil surgeon may ask if the TB Control Program can provide treatment consultation for an applicant with LTBI. The TB Control Program may also have arrangements with other health care providers in the community to provide treatment for LTBI.
Q: Can the civil surgeon sign Form I-693 if the applicant is undergoing required TB treatment?
A: No. It is advised that the Civil Surgeon should not sign on the Form I-693 until all follow-up evaluations and required treatments are completed.
If the applicant is undergoing treatment for TB the health department is required to sign on Section 6 (Referral Evaluation) form, only after the treatment is completed and the applicant is no longer found infected with the disease. The applicant should then return the form I-693 form to the Civil Surgeon. It is also to be noted that other parts of the form may also need to be repeated if found out of date.
The USCIS-approved Civil Surgeon should sign Form I-693 only when all parts of the form correctly reflect the applicant’s current medical state.
(Note: This does not apply if treatment is for latent TB infection (LTBI), since LTBI treatment is only recommended, not required.)
1)Tuberculosis
Checking for any communicable diseases forms an important part of the Immigration Medical Examination, an exam that is conducted by USCIS-approved Civil Surgeons. Here are some frequently asked questions on tuberculosis that we answer here.
Q: How long are TST/IGRA and chest X-ray results valid after they are obtained by the civil surgeon?
A: As the immigration medical examination is intended to be used as a preview or “snapshot” of the applicant’s medical status it would be prudent to ensure that any TST/IGRA and chest X-ray results of the applicant must be closely related in time to the physical examination and laboratory results.
Q: Can the civil surgeon accept TST or IGRA results submitted by an outside doctor’s office and taken prior to the date of the immigration medical examination, in lieu of performing the TST or IGRA himself?
A: The USCIS Surgeon should not accept the results of TST or IGRA tests taken many days or months prior to the USCIS examination date. This is because the Civil Surgeon must verify for himself that the person applying for immigration benefits is the person who is appearing for the immigration exam (including any required tests such as the TST).
However, there are exceptions to this. A tuberculosis test maybe accepted for a positive TST or IGRA result, based on an exception outlined in the TB TIs and updates.
When should an applicant be classified with latent TB infection (LTBI)?
A: An applicant can be classified with latent TB infection, provided the applicant:
- Has recently arrived in the US (he or she should have arrived within the last 5 years), and if he or she has arrived at the US from countries that have high TB prevalence.
- Has a TST reaction of 10mm or greater of induration, AND
- Has no evidence of TB disease.
- The treatment for Latent TB infection is recommended, but it is not required.
President Obama stated recently that his recent executive actions that could grant millions of illegal immigrants temporary respite could motivate Republicans to work together with Democrats on the issue, but if they get into what he calls a “Nativist trend” that can be seen in spurts, in the Republican party, there might not be much progress.
President Obama told reporters that if the view was that immigrants were intrinsically bad to the country or if the opinion was that 11 million immigrants could be deported regardless of the cost then he said that he rejected that view. Instead, he said that there was potential for working together on the issue, though he stated that Republicans had vowed to fight the recently announced executive actions when the new Congress returned next month.
Mr. Obama stated that the country had more resources, border police and money devoted to the borders than at any other time in the past several decades, and that the flow of illegal workers was about half of what it was, and lower than any other time since the 1970s’.
The President wanted to know whether his actions motivated the members of the Republican party to genuinely start believing that immigration was good for the country, and whether they would be willing to work once again with his administration and get a suitable piece of legislation successfully passed.
If the applicant is a relative of a U.S-based citizen he is known as an immediate relative – the applicant does not have to wait for a visa to be received. There is no limit to the number of visas that can be utilized in this category in a particular year.
WHO ARE FAMILY-BASED RELATIVES?
Immediate relatives include:
- Parents of a U.S. citizen.
- Spouses of a U.S. citizen.
- Unmarried children under the age of 21 of a U.S. citizen.
Note: U.S. citizens must be at least 21 years old to apply for their parents.
The relatives who qualify for a U.S. citizen or permanent resident visa in the remaining family-based categories may have to wait for a visa to become available before they can apply for permanent residency. These categories based on preferences include:
First Preference: Unmarried, adult (21 years of age or older) sons and daughters of U.S. citizens.
Second Preference A: Spouses of permanent residents and the unmarried children (under the age of 21)) of permanent residents.
Second Preference B: Unmarried sons and daughters (21 years or age or older) of permanent residents.
Third Preference: Married sons and daughters of U.S. citizens, their spouses and their minor children.
Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their minor children.
Once the visa application is done in the family-based categories the procedure for going through the Immigration Medical Examination remains the same. This examination will have to be conducted by a USCIS-approved Civil Surgeon, the report for which is handed over to the applicant in a sealed envelope for further processing.
