Waiver of Physical or Mental Disorder

• INA 212(g) authority to waive

Policy Manual Volume 9 - Waivers and Other Forms of Relief  Part D - Health-Related Grounds of Inadmissibility  Chapter 4 - Waiver of Physical or Mental Disorder Accompanied by Harmful Behavior

1. Qualifying Relationship

Unlike waivers for communicable diseases of public health significance, waivers for physical or mental disorders with associated harmful behaviors do not require a qualifying relationship.

2. Documentation for CDC’s Review

As noted above, USCIS can only grant this waiver after it has consulted with CDC. However, CDC’s review of the necessary documents does not constitute a waiver approval. CDC may recommend that USCIS should make the waiver subject to appropriate terms, conditions, or controls.

To obtain CDC’s review of a waiver application, the officer should forward the following documents to CDC:

• A cover letter that identifies the USCIS office requesting the review;
• A copy of the waiver application that contains all the required signatures, excluding the supporting documentation that is not medically relevant;[3]
• A copy of the medical examination documentation;[4]
• A copy of the supporting medical report, if provided, detailing the physical or mental disorder that is associated with the harmful behavior and the physician’s recommendation regarding the course and prospects of the treatment;[5] and
• Copies of all other medical reports, laboratory results, and evaluations regardless of whether they are connected to the mental or physical disorder with associated harmful behavior.

3. Sending Documents to CDC

Officers should email the documents to cdcqap@cdc.gov.

To request expedited review, officers should indicate in the subject line of the email to CDC that the request is “Urgent.”

4. CDC Response