INA §212(a)(1)(A)(i)
When CBP encounters a possible communicable-disease issue during U.S. entry inspection, the immigration question is not simply whether the traveler has an infectious illness. The issue is whether the condition falls within the federal definition of a communicable disease of public health significance and what medical or immigration action follows from that determination.
Scope of this page: This page focuses on communicable-disease issues encountered during U.S. entry or CBP inspection and what they may mean for a future trip. For the broader substantive law under INA §212(a)(1)(A)(i), including the legal definition and waiver framework, see the communicable-disease inadmissibility guide on INA212.com.
The health ground applies to a communicable disease of public health significance as defined under federal regulations and CDC medical instructions.
The statutory phrase is “communicable disease of public health significance.” An ordinary temporary infection does not automatically fall within that immigration category.
CDC currently identifies active tuberculosis, infectious syphilis, gonorrhea and infectious Hansen’s disease among the specifically listed communicable diseases of public health significance.
The framework also includes designated quarantinable communicable diseases and certain diseases connected to a public health emergency of international concern when applicable under federal rules.
HIV infection was removed from the federal definition of a communicable disease of public health significance effective in 2010. HIV status alone therefore does not create inadmissibility under INA §212(a)(1)(A)(i).
CDC technical instructions distinguish untreated Class A communicable-disease conditions from treated conditions that may be classified differently after appropriate treatment. The applicable disease-specific medical instructions control.
INA §212(g)(1) authorizes a discretionary waiver of the communicable-disease ground for specified qualifying relatives and certain other qualifying applicants, subject to the statutory and regulatory requirements.
A waiver is not necessary if the medical evidence establishes that the person no longer has a Class A condition.
INA §232 authorizes medical examination of arriving travelers when necessary to determine whether a health-related inadmissibility ground applies. A qualifying medical certification can be reviewed through the medical-board appeal procedure provided by that statute.
Active Class A tuberculosis can create inadmissibility, but the medical classification can change after required evaluation and treatment.
No. HIV infection is no longer classified as a communicable disease of public health significance for this immigration ground.
Yes, for qualifying applicants under INA §212(g)(1), subject to the statutory requirements and discretion.
These government materials provide the principal health-related inadmissibility framework discussed on this page.
Communicable-disease cases can turn on the precise diagnosis, treatment status, CDC classification and whether a statutory waiver is actually necessary.