# 22 CFR § 40.11: Medical grounds of ineligibility

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-22-40.11

## Section

- **Citation:** 22 CFR § 40.11
- **Heading:** Medical grounds of ineligibility
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 22—Foreign Relations > CHAPTER I—DEPARTMENT OF STATE > SUBCHAPTER E—VISAS > PART 40—REGULATIONS PERTAINING TO BOTH NONIMMIGRANTS AND IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED > Subpart B—Medical Grounds of Ineligibility

## Text

(a) Decision on eligibility based on findings of medical doctor. A finding of a panel physician designated by the post in whose jurisdiction the examination is performed pursuant to INA 212(a)(1) shall be binding on the consular officer, except that the officer may refer a panel physician finding in an individual case to USPHS for review.
(b) Waiver of ineligibility—INA 212(g). If an immigrant visa applicant is inadmissible under INA 212(a)(1)(A)(i), (ii), or (iii) but is qualified to seek the benefits of INA 212(g)(1)(A) or (B), 212(g)(2)(C), or 212(g)(3), the consular officer shall inform the alien of the procedure for applying to DHS for relief under the applicable provision of law. A visa may not be issued to the alien until the consular officer has received notification from DHS of the approval of the alien's application under INA 212(g), unless the consular officer has been delegated authority by the Secretary of Homeland Security to grant the particular waiver under INA 212(g).
(c) Waiver authority—INA 212(g)(2)(A) and (B). The consular officer may waive section 212(a)(1)(A)(ii) visa ineligibility if the alien qualifies for such waiver under the provisions of INA 212(g)(2)(A) or (B).
[56 FR 30422, July 2, 1991, as amended at 62 FR 67567, Dec. 29, 1997]

## Nearby sections

- [22 CFR § 40.1 § 40.1 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-22-40.1.md)
- [22 CFR § 40.2 § 40.2 Documentation of nationals.](https://www.frixlaw.com/law-library/statutes/ecfr-22-40.2.md)
- [22 CFR § 40.3 § 40.3 Entry into areas under U.S. administration.](https://www.frixlaw.com/law-library/statutes/ecfr-22-40.3.md)
- [22 CFR § 40.4 § 40.4 Furnishing records and information from visa files for court proceedings.](https://www.frixlaw.com/law-library/statutes/ecfr-22-40.4.md)
- [22 CFR § 40.5 § 40.5 Limitations on the use of National Crime Information Center (NCIC) criminal history information.](https://www.frixlaw.com/law-library/statutes/ecfr-22-40.5.md)
- [22 CFR § 40.6 § 40.6 Basis for refusal.](https://www.frixlaw.com/law-library/statutes/ecfr-22-40.6.md)
- [22 CFR § 40.9 § 40.9 Classes of inadmissible aliens.](https://www.frixlaw.com/law-library/statutes/ecfr-22-40.9.md)
- [22 CFR § 40.11 § 40.11 Medical grounds of ineligibility.](https://www.frixlaw.com/law-library/statutes/ecfr-22-40.11.md)
- [22 CFR § 40.21 § 40.21 Crimes involving moral turpitude and controlled substance violators.](https://www.frixlaw.com/law-library/statutes/ecfr-22-40.21.md)
- [22 CFR § 40.22 § 40.22 Multiple criminal convictions.](https://www.frixlaw.com/law-library/statutes/ecfr-22-40.22.md)
- [22 CFR § 40.24 § 40.24 Prostitution and commercialized vice.](https://www.frixlaw.com/law-library/statutes/ecfr-22-40.24.md)
- [22 CFR § 40.34 § 40.34 Immigrant membership in totalitarian party.](https://www.frixlaw.com/law-library/statutes/ecfr-22-40.34.md)
- [22 CFR § 40.35 § 40.35 Participants in Nazi persecutions or genocide.](https://www.frixlaw.com/law-library/statutes/ecfr-22-40.35.md)
- [22 CFR § 40.41 § 40.41 Public charge.](https://www.frixlaw.com/law-library/statutes/ecfr-22-40.41.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-22-40.11. Check the current official text before relying on it. Not legal advice.