Cable Provides Guidance on V Visa Medical Issues
UNCLASSIFIED TELEGRAM
March 20, 2002
To: ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
AMEMBASSY BELGRADE
AMEMBASSY DUSHANBE
AMEMBASSY KABUL
From: SECSTATE WASHDC (STATE 53170 - PRIORITY)
TAGS: CMGT, CVIS
Subject: V Visa Medical Issues and Request for V Visa Annotations and Medical Envelopes for All Class A Medical Conditions and Class B (Tuberculosis) Medical Conditions
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REFTELS: A) 01 STATE 209704; B) 01 STATE 035234; C) 01 STATE 057338; D) 01 STATE 151917
1. For public health reasons, it is important for INS inspectors to be able to identify arriving aliens with Class A or Class B Tuberculosis (TB) medical conditions requiring further evaluation or follow-up care. For this reason, K visas are annotated as described in 9 FAM 41.108 PN6 if the recipient has a Class A or Class B TB medical condition. Effective immediately, posts should also annotate V visas issued to those with any Class A or Class B Tuberculosis (TB) medical conditions. (Posts are reminded that INA Section 221 (d) states officers may request that any nonimmigrant applicant undergo a medical examination, but only if the consular officer believes that it might disclose that the alien is medically ineligible to receive a visa, as per 9 FAM 41.108 N1.5. The visa must also be annotated as described in 9 FAM 41.108 PN6 if the applicant has a medical ineligibility.)
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Annotating Class A or Class B (TB) conditions
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2. Visas for V recipients with Class A conditions should be annotated "Med:Class A:DD-MM-YY," with the annotation indicating the date the visa was issued. Any V recipients with Class A medical conditions will need to obtain appropriate waivers prior to visa issuance. The visa should also be annotated INA 212 (d)(3)(A): (a)(1)(A)(i), along with the port of entry, as per 9 FAM 41.113, PN10.1 See 9 FAM 40.11 regarding waiver procedures, which will be modified for the Vs. INS, CDC and State have agreed INS will issue V holders with Class A medical conditions a waiver valid for multiple entries. V holders will be required to carry a letter of compliance with treatment requirements from their doctor or the local public health department if they travel overseas. To adjust status, V holders will need to submit their medicals or, if they adjust after one year, submit new medicals, so they should be cautioned to follow through on their treatment.
3. Visas for applicants with Class B TB (but not any other Class B conditions) should be annotated "Med:Class B(TB):DD-MM-YY," with the annotation indicating the date the visa was issued.
4. These annotations will enable INS inspectors to identify V visa holders who have any Class A or Class B TB medical conditions. INS inspectors will forward the medical documentation to appropriate quarantine (Public Health Service (PHS) and Centers for Disease Control and Prevention [CDC]) personnel. Quarantine personnel will in turn notify the State and local public health officials for follow-up.
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PHS envelope for all Class A or Class B TB conditions
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5. PHS may need to track the whereabouts of those V applicants with any diagnosed TB condition or Class A medical condition. To assist in this matter, V visa holders with a TB condition or any Class A medical diagnosis must present INS at the POE with an envelope containing three copies of the medical exam, as well as an address and telephone number in the United States where they can be contacted by the PHS. The envelope should be labeled "For PHS Use." Any envelope approximately 9 inches by 12 inches will serve this purpose. INS at the POE will transmit the applicants contact information and the medical exam forms to the appropriate quarantine personnel at PHS and/or CDC. A copy of the applicants DS-3052 in the PHS envelope could serve as the requisite contact information as it includes the U.S. address, but it will be left to posts judgment to determine how best to formulate the PHS envelope.
6. Posts may wish to enlist the services of panel physician staff to make the 3 copies of the medical exam. Panel physicians may be authorized to charge an additional modest fee for this service. The original medical form should be returned to the applicant, as he/she will need it when he/she enters the U.S. with the V and later adjusts status with INS to LPR in the United States.
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What happens when a V visa holder arrives at the POE without the medical exam?
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7. All V visa holders, including those with "normal" medicals, should be reminded to have their medicals readily available for INS upon arrival at the port of entry. INS field guidance currently being revised will instruct INS inspectors at ports of entry to notify appropriate quarantine (PHS/CDC) personnel when a V nonimmigrant arrives at a POE to apply for admittance to V status without any medical documents or without a waiver (if one is required to overcome a Class A medical condition). PHS/CDC will place a "medical hold" on V visa holders who arrive at POE without their medicals. "Medical Holds" require that INS defers the applicant until he or she is examined by a civil surgeon and submits completed medical documents and/or a waiver application.
8. Posts' assistance is appreciated. Posts with questions may contact CA/VO/F/P.
9. Minimize considered.
POWELL