What medical conditions would cause you to be denied an immigrant visa?

Part 1 - a communicable disease of public health significance

This is a common question we are asked. This Part 1 of a series discusses what medical conditions might cause a person to be denied an immigrant visa.

The United States Immigration and Naturalization Act (the “Act”), Section 212(a)(1) prescribes two classes of conditions which would render a person ineligible for an immigrant visa and inadmissible to the United States. Class A conditions are: (i) a communicable disease of public health significance; (ii) failure to present documentation of having received required vaccinations; (iii) having a present or past physical or mental disorder or disability serious enough that might result in harmful behavior; and (iv) drug abuse or addiction. 

For communicable diseases of public health significance, there are several medical conditions which are specifically listed as grounds for ineligibility. These are Hansen’s disease (infectious leprosy), infectious syphilis and active Tuberculosis. If an intending immigrant has one of these conditions, he or she is probably ineligible to immigrate to the United States. Moreover, there are certain diseases which may be added from time to time by Presidential Executive Order, the Director of the Center for Disease Control, and diseases of public health emergency and identified by the World Health Organization. These can arise when a disease reaches such a level as to be of concern to the health and safety of the United States.

Many people believe that if an immigrant has HIV (Human Immunodeficiency Virus), the virus that causes AIDS, then they will also be ineligible. In the past, HIV was a Class A disease, but this was removed from the list in 2009. 

If you think you may have a medical condition which might cause you to be ineligible for an immigrant visa to the United States, then contact us at Enterline and Partners. Maybe we can help.

ENTERLINE & PARTNERS CONSULTING

🏢 3F, IBC building, 1A Cong Truong Me Linh Street, District 1, Ho Chi Minh City

📞 0933 301 488

📧 info@enterlinepartners.com

🌎 http://enterlinepartners.com

What are some of the questions that the consular officer might ask during a tourist visa interview?

While the consular officer has the authority to ask a very broad range of questions, here is a list of 20 possible questions that may come up.

1. Why are you traveling to the U.S.?
2. Do you have any relatives in the U.S.?
3. Have you ever applied for a U.S. visa before?
4. How long do you intend on staying in the U.S. for?
5. What is your current job?
6. How long have you been in your current job for?
7. Do you have any immediate relatives in the U.S.?
8. Do you have any children?
9. How much is your annual income?
10. What are your travel dates?
11. Have you booked your tickets?
12. What is the guarantee that you will depart the United States and not overstay?
13. Are there any specific things that you plan on doing while in the U.S.?
14. Who is paying for your trip?
15. Can you provide the name, address and telephone number of your contact inside the U.S.?
16. Do you have any plans of eventually living and working permanently in the U.S.?
17. How will be you getting around the U.S.?
18. After your trip, do you plan on traveling to other countries or straight home?
19. Have you ever been refused a visa to any country?
20. Do you have medical insurance in the event you get sick while in the U.S.?

What Kind of U.S. Visa Do I Need to Study In The USA?

Students wishing to study in the USA are able eligible for three different U.S. visas:

F-1 Student Visa. 

This visa covers private high schools, colleges, graduate and professional degree programs (i.e. medicine, law, dentistry, etc.) provided that the educational program is intended for a degree. To be eligible, the applicant must be accepted into a school and be issued a SEVIS ID Number. Once the applicant receives his/ her SEVIS number, he or she can proceed by filling out a DS 160 online application and paying the appropriate visa fee. After the fee is paid, he or she will need to schedule an interview. An American consular officer interviewing the applicant will determine whether he or she qualifies for the F-1 Student Visa. 

M-1 Vocational Visa. 

This visa is intended for vocational or non-degree programs such as commercial airline pilot training or short term culinary studies. Like an F-1 Student Visa, an applicant must be admitted into a school and be issued a SEVIS ID number. Also, like an F-1 Student Visa, an American consular officer will determine whether she or she has enough ties to their home country which would require them to return following the completion of their temporary stay studying in the United States.

J-1 Student Exchange Visa. 

This visa is for high school and college students who are interested in participating as exchange students. Although a J-1 is a non-degree program visa, a J-1 visa can be particularly special and beneficial to high school students as they will be living with an American host family during their semester or one-year study program in the United States. In addition, they will be attending public schools whereas an F-1 Student Visa is limited to private schools. To be eligible for a J-1 student exchange visa, he or she must be sponsored under a designated program. Like the F-1 and M-1 visas, they must be interviewed by an American consular officer who will determine eligibility for the visa. 

For more information, contact us.

ENTERLINE & PARTNERS CONSULTING

🏢 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.

📞 0933 301 488

📧 info@enterlinepartners.com

🌎 http://enterlinepartners.com

What Do You Need to Get a Visa for the USA?

In order to be issued a U.S. visa, you must apply directly through either the U.S. Embassy in Hanoi or the U.S. Consulate in Ho Chi Minh City. All applicants are required to fill out a DS 160 online application and pay the visa processing fee. The fee depends on the type of visa you are applying for which ranges from US$160 (VND3,840,000) to US$265 (VND4,920,000). The fee can be paid over the counter at any Vietnam Post branch. All visa processing fees are non-refundable once paid.

After you have paid your visa processing fee and completed the DS 160 online application, you may schedule an appointment. Scheduling an appointment can be done either over the phone or online.

On the day of your scheduled interview, it is recommended that you arrive between 20-30 minutes early. In addition to the DS 160 online application confirmation page and your passport, you are welcome to bring supplemental documentation such as tax returns, bank statements, proof of home ownership, employment certificates, and any additional information that could be used to demonstrate that you fully intend on returning to Vietnam following your temporary trip to the United States. While supplemental documentation is not required, the interviewing consular officer may request to see the documentation.

Always remember to smile at the consular officer and answer the questions truthfully. If approved, your visa will be issued and sent via courier to your designated address.

For more information, contact us at info@enterlinepartners.com

What Questions Will the U.S. Consulate in Ho Chi Minh City Ask My Vietnamese Fiance During Their Interview?

When your Vietnamese fiance undergoes his or her interview at the U.S. Consulate in Ho Chi Minh City for a K-1 visa, the interviewing consular officer will ask him or her questions regarding your relationship. While the number of questions, as well as the amount of detail, will vary according to the individual case, here is a list of questions that may come up.

- What is your fiance’s name?

- Where was your fiance born?

- When is your fiance’s birthday?

- Where and how did you meet your fiance?

- What are your fiance’s hobbies & interests?

- What are your hobbies and interests?

- What does your fiance do for a living?

- What do you do for a living?

- Was your fiance married previously?

- What are your fiance’s parents’ names?

- Where do you plan to live in the United States?

- How many times have you seen your fiance since filing the petition?

- What is your fiance’s current address?

- What religion is your fiance’s?

- What is your religion?

- Does your fiance speak and understand Vietnamese?

- Why do you want to come to the United States?

- Did you have an engagement party/Who was there?

- Do you have honeymoon plans?

- What is your fiance’s phone number/email address?

For more information, contact us at info@enterlinepartners.com

Do You Need an Immigration Lawyer to Represent to File a K-1 Visa for Your Vietnamese Fiance?

A common question asked by potential clients is do you need an immigration lawyer to file a K-1 visa for your Vietnamese fiance? The short answer is no, you do not need a lawyer. However, having a lawyer represent you and your fiance through the process has advantages.

An immigration lawyer is a licensed professional.

Unlike visa companies or agencies that rely on non-lawyers, an immigration lawyer is board
certified in the United States and licensed to represent clients for immigration matters all over the world. 

An immigration lawyer holds deep and thorough knowledge of the overall process.

Just like a doctor who is able to make a diagnosis very quickly upon examining a patient symptoms, an immigration lawyer is able to review and quickly offer solutions to potential issues that could arise with a K-1 visa for your Vietnamese fiance. Some of these issues that are common include language and culture barriers between the U.S. citizen and Vietnamese fiance, age gaps, and social economic gaps. By consulting and retaining an experienced immigration lawyer who has experience in working with Vietnamese clients, you will take comfort in knowing that you are working with a professional who can offer solutions and strategies. 

An immigration lawyer can represent you and your fiance with numerous U.S. immigration agencies.

Obtaining a U.S. fiance visa for your Vietnamese fiancee involves two U.S. immigration agencies- United States Citizenship and Immigration Services (USCIS) and the Department of State. When you retain an immigration lawyer to file the petition with USCIS, they will submit a USCIS Form G-28 Attorney Representation Form indicating that you and your fiance are being represented. In the event that there are problems with processing at USCIS, an immigration lawyer can speak with the agency and file additional documentation on your behalf. Once the petition is approved and sent to the U.S. Consulate in Ho Chi Minh City, an immigration lawyer can continue to represent you and your fiance without having to file additional documentation. 

For more information on how consulting and hiring a U.S. immigration lawyer can be beneficial to you and your Vietnamese fiance, contact us at info@enterlinepartners.com to speak with one of our immigration lawyers.

EAP Co-Founder David Enterline Presents at Immigration and Investment Summit

Enterline and Partners co-founder and immigration lawyer David Enterline recently spoke at the Investment Immigration Summit in Ho Chi Minh City, Vietnam. David was a speaker on the panel session entitled "Alternative residency and investment pathways to the U.S. – beyond EB-5”. The focus of the discussion was alternatives pathways that are available to investors who want to invest and live in the U.S. besides EB-5, or in conjunction with an EB-5 investment. This is the fifth Investment Immigration Summit that David has spoken at. He has also spoken at these events in Hong Kong and Mumbai, India. He will also be speaking at the Investment Immigration Summit in Singapore in June.