Navigating the complex U.S. immigration system can be a daunting and confusing task, especially when it comes to issues regarding medical requirements in a post-lockdown world. This is why partnering with an experienced immigration lawyer is so important.
LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.
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What Vaccines are Needed to Get a Green Card?
Under the U.S. immigration laws, all noncitizens who apply for an immigrant visa abroad, or who seek to adjust their status to a lawful permanent resident while in the U.S., are required to receive vaccinations for the following diseases: measles, mumps, rubella, polio, tetanus and Diphtheria Toxoids, Pertussis, Haemophilus influenzae type B, Hepatitis B, COVID-19, and any other preventable diseases recommended by the ACIP, Advisory Committee for Immunization Practices.
USCIS has added the COVID-19 vaccine series as a requirement for all applicants subject to the immigration medical examination who submit a Form 1-693, Report of Medical Examination and Vaccination Record, signed by a civil surgeon on or after October 1, 2021.
Exceptions to this Requirement
An applicant seeking an immigrant visa at a U.S. consulate abroad or adjustment of status within the U.S. who is found inadmissible on the grounds of not being vaccinated, may be eligible for a waiver if:
- The applicant has received vaccination against the above mentioned preventable disease(s) for which they had previously failed to present documentation, and this is done by the date of the visa decision or adjustment application.
- The civil surgeon overseeing the applicant’s case has certified that such vaccination would not be medically appropriate.
- The requirement for this vaccination would be contrary to the applicant’s religious beliefs or moral convictions.
Vaccination Waiver due to Religious Belief or Moral Conviction
USCIS may grant this waiver for applicants able to establish that complying with vaccination requirements would be contrary to their religious beliefs or moral convictions. There is no requirement for CDC to review this waiver.
What are the Requirements for this Waiver?
The green card applicant has to establish a strong objection to vaccinations on the basis of their religious beliefs or moral convictions, not merely based on preference. The USCIS and CDC have established three requirements that an applicant has to demonstrate through documentary evidence:
- The applicant must be opposed to all vaccinations in any form – The applicant cannot pick and choose which vaccinations they do or do not oppose. Your argument cannot be based on political or scientific reasons, it must be based purely on religious or moral grounds.
- The objection must be based on religious beliefs or moral convictions – The applicant’s beliefs must be balanced against societal benefit as a whole, while the immigration officers must make sure to respect the applicant’s First Amendment rights to free speech and religion.
- The religious belief or moral conviction must be sincere – The applicant must demonstrate that they hold this belief sincerely, and in subjective good faith consistently in the applicant’s life. If you have been vaccinated in the past, you must prove that your beliefs have changed to the point of opposing vaccination at the current moment. The applicant does not need to be a member of a particular religion or attend a specific place of worship.
What Evidence Must I Provide for this Waiver?
You will need to submit documentary evidence in order to be considered for this waiver.
Firstly, you will need to submit a sworn statement that will methodically and sincerely establish this conviction, by describing your religious beliefs and moral convictions and how they would be threatened by complying with vaccination requirements.
Secondly, you will need to submit additional corroborating evidence to support the background for your religious beliefs or moral convictions. An example of this would be regular congregational participation that can be established by submitting affidavits from other congregation members.
Planning Your Roadmap to Success
Despite nuances and snags, many people obtain green cards with a waiver of this kind. With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become reality too. Partner with professionals like McBean Law to chart your visa journey’s triumph.
If you are interested in more topics like this, please consider subscribing to our newsletter to get weekly updates on immigration news, relevant topics, and more! You can also find us on YouTube where we do weekly Q&A sessions.
LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.
