Waivers Can Be Denied

Medical waivers are discretionary — USCIS weighs the positive and negative factors in your case and decides whether to grant the waiver. Even if you meet the technical eligibility requirements, USCIS can deny the waiver if the negative factors outweigh the positive ones.

Common reasons for denial include: insufficient medical documentation, failure to demonstrate that the condition is under control, a poor prognosis from the treating clinician, a history of non-compliance with treatment, and a weak hardship showing.

Read the Denial Notice Carefully

The denial notice will explain the specific reasons USCIS denied the waiver. Read it carefully — the reasons for denial are the roadmap for your response. Understanding exactly what USCIS found insufficient is essential to crafting an effective appeal or motion.

Do not ignore a denial notice. There are deadlines for filing appeals and motions, and missing them can foreclose your options.

Option 1: Appeal to the AAO

You can appeal a denied Form I-601 to the USCIS Administrative Appeals Office (AAO). The AAO reviews the denial de novo — meaning it evaluates the case fresh, not just whether USCIS made a procedural error.

An AAO appeal must be filed within 30 days of the denial notice (or 33 days if the notice was mailed). The appeal must include a brief explaining why the denial was incorrect and, if applicable, new evidence supporting the waiver.

Option 2: Motion to Reopen or Reconsider

A motion to reopen asks USCIS to reopen the case based on new facts or evidence that was not available at the time of the original decision. A motion to reconsider asks USCIS to reconsider the decision based on an error of law or fact.

A motion to reopen is appropriate if your clinical status has changed since the original application — for example, if you have entered sustained remission or completed a treatment program. A motion to reconsider is appropriate if USCIS made a legal or factual error in the denial.

Option 3: New Examination and Reapplication

If your clinical status has changed significantly since the original application — for example, if you were in early remission at the time of the original exam and are now in sustained remission — you may be able to obtain a new medical examination and reapply for the waiver with a stronger record.

A new examination that results in a different classification (for example, a Class B finding instead of a Class A finding) may eliminate the need for a waiver entirely.

Consult an Immigration Attorney Immediately

A waiver denial is a serious development in your immigration case. Consult with an immigration attorney immediately after receiving a denial notice. The attorney can evaluate the grounds for denial, advise on the best response strategy, and help you build the strongest possible record for an appeal or motion.