Vaccinations for Immigrants and the I-601 Waiver

US Statutes regarding Vaccinations and Waivers for Immigrants

United States Statutes Requiring Vaccinations for Immigrants
‍8 USC §1182 [INA212]. Inadmissible aliens - Vaccinations
‍(a) Classes of aliens ineligible for visas or admission
‍Except as otherwise provided in this chapter, [the following] aliens … are ineligible to receive visas and ineligible to be admitted to the United States:
‍(1) Health-related grounds
(A) In general Any alien-
...
(ii) except as provided in subparagraph [8 USC §1182(a)(1)(C) regarding children 10 years of age or younger], who seeks admission as an immigrant, or who seeks adjustment of status to the status … for permanent residence, and who has failed to [receive] vaccination against [at least the following]: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices,
...
is inadmissible.
‍(B) Waiver authorized For provision authorizing waiver of certain clauses of subparagraph (A), see subsection (g).….
‍(g) Bond and conditions for admission of alien inadmissible on health-related grounds
‍The Attorney General may waive the application of-
…
(2) subsection (a)(1)(A)(ii) in the case of any alien-
(A) who receives vaccination [but] has failed to present documentation of previous vaccination,
(B) for whom a civil surgeon, medical officer, or panel physician … certifies, according to [Health and Human Services (“HHS”) regulations], that such vaccination would not be medically appropriate, or
(C) under such circumstances as the Attorney General provides by regulation, with respect to whom the requirement of such a vaccination would be contrary to the alien's religious beliefs or moral convictions; ….

‍FAM Regulations implementing 8 USC 1182 (a)(1)(A)(ii) [INA 212(a)(1)(A)(ii)] [conforms w/ USCIS]: 9 FAM 302.2-6(B)(1) Required Vaccinations
‍a. Specified and Recommended Vaccinations: [Vaccination requirements include those] against vaccine preventable diseases recommended by the Advisory Committee for Immunization Practices (ACIP).
b. ACIP Recommendations: [Vaccines] must:
(1) Be age appropriate as recommended by ACIP for the general U.S. population; and
(2) Protect against a disease that has the potential to cause an outbreak; or
(3) Protect against a disease that has been eliminated in the United States or is in the process of being eliminated.
c. Currently Required Vaccinations: Vaccinations currently required by CDC are as follows (Many vaccines have age-appropriate guidelines):
(1) Mumps; (2) Measles; (3) Rubella; (4) Polio; (5) Tetanus; (6) Diphtheria; (7) Pertussis; (8) Haemophilus influenzae Type B; (9) Rotavirus; (10) Hepatitis A; (11) Hepatitis B; (12) Meningococcal disease; (13) Varicella; (14) Pneumococcal; (15) Influenza; (16) COVID-19.
d. Dosage: Applicants are required to receive at least one dose of each age-appropriate vaccine except for the COVID-19 vaccine for which applicants must complete a full series. ... Although applicants are not required to complete routine vaccine series (except for the COVID-19 vaccine) they are encouraged to receive as many as possible before travel to the United States....

‍Enforcement

9 FAM 302.2-3(A) General Requirements - K fiances, Asylees, Refugees
‍(05-17-2022)
‍a. Immigrant Visa (IV) Applicants: INA 221 (d) requires all applicants applying for IVs to undergo a physical and mental examination. …. The medical finding by the panel physician or HSS Public Health Service/Centers for Disease Control and Prevention (HHS/PHS/CDC), if referred to that agency, is binding on you. See, 9 FAM 504.4-7.
...
c. Medical Examination for K Applicants:
‍(1) Vaccinations: ... K [fiance] applicants are not subject to the INA 212(a)(1)(A)(ii) vaccination requirement. [Consular officers] may not refuse K visa applicants for refusing to meet the vaccination requirements.
(2) After the applicant is admitted to the United States in K status and applies for adjustment of status based on the relationship to the U.S. citizen …, [Panel physician [are] … to determine the applicant's admissibility on medical grounds. … Applicants who have not fully satisfied the vaccination requirements, however, will have to do so before they may finalize their adjustment of status in the United States (unless otherwise entitled to an individual or blanket waiver from DHS).
d. Asylee Follow-to-Join (V-92 Beneficiaries): All asylee follow-to-join derivatives (Visa 92 (V-92) applicants) entering the United States must have the same medical examination as IV applicants have under INA 221(d) and 234. … [Asylee] follow-to-join beneficiaries are not required to meet the immunization requirements for immigrants until after one year when they apply for adjustment of status to become permanent residents in the United States.

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Discussion

US required vaccinations are an important public health policy to protect society. All intending immigrants who want to become US permanent resident green card holders are required to be vaccinated as noted. Exceptions include:
‍

8 USC §1182(a)(1)(C) [INA212(a)(1)(C)] regarding certain children under the age of 10 years;
8 USC §1182(g)(2)(B) [INA212(g)(2)(B)] regarding circumstances where vaccinations would not be medically inappropriate; or
8 USC §1182(g)(2)(C) [INA212(g)(2)(C)] regarding circumstances where vaccination would be contrary to the foreigner’s religious beliefs or moral convictions.

Not Medically Appropriate:
‍
‍9 FAM 302.2-6(B)(2) defines the following to be not medically appropriate:
(1) Not age appropriate – For example, infants and adults do not need all the same vaccinations.
(2) Insufficient time interval between doses – Only one dose of each series is required to be administered; however, this blanket waiver is not available for the COVID-19 vaccine as CDC requires that a full series be completed.
(3) Contraindicated – Where there is a life-threatening problem (i.e., an allergic reaction).
(4) Not routinely available – Where a vaccine is 1) not available in a particular country, 2) is not regularly stocked, or 3) it cannot be obtained in a reasonable amount of time due to shortages. Cost should not be a factor of consideration.
(5) Not fall (flu) season – The influenza vaccine is required during the influenza (flu) season. Influenza occurs throughout the year in tropical areas.
(6) Known chronic Hepatitis B virus infection - Individuals with Hepatitis B are not required to receive the Hepatitis B vaccine.

Religious Objections

‍Religious objections must be deeply held and personal, but also verified in scriptures. The religion itself need not be old. But, there must normally be a source of written materials to which the church or group consults when espousing doctrine or teachings, and applying its beliefs to vaccinations. The views of the organization about vaccinations must not be contrived.Deeply held and personal beliefs must normally be rooted in a close connection with the religious organization. It’s not enough to point to a group that opposes vaccinations and claim to be a member of the group. Normally, someone who deeply holds a religious belief is involved in the religious group. Someone can be a member of a group that espouses strong beliefs, but the individual does not follow those beliefs very closely. The religious objector must not be an incidental member of the religious group.Normally, we look at the entire history of the immigrant who has a religious objection to certain vaccinations in order to better understand why those beliefs should be respected and that person should be the exception to the rule when it comes to vaccinations. Novavax is at the center of the debate over whether to allow a waiver of the COVID-19 vaccination because such vaccinations use ingredients or processes that rely on fetal cells. Novavax claims not to use any fetal cells in the vaccines, its studies, or its processes. If true, a religious objection based on fetal cells is challenged. It takes a deep dive into religion and science to better understand whether any objection to Novavax is justified.

‍Moral Objections

‍Some people are not religious, but still have principled objections. Such moral objectors should not be excluded from the opportunity to waive the vaccination in light of equal protection. Similar to the religious objector, immigration agencies will want to learn whether you have deeply moral beliefs that are rooted in philosophical literature and teachings. Normally, the moral objector will look to ethical principles when arguing in favor of a waiver.

‍Application for a Vaccination Waiver

‍A form I-601 waiver must be filed with the USCIS at the appropriate address, along with supporting documentation and argument regarding the waiver. There is a government filing fee that changes from time to time. Form instructions normally have current fees.

I-601 WaiverVaccinations
for Immigrants

US Statutes regarding Vaccinations and Waivers for Immigrants

Discussion

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I-601 WaiverVaccinations for Immigrants

US Statutes regarding Vaccinations and Waivers for Immigrants

Discussion

‍Our Immigration Law Practice

San Diego

New York Office

Find us on social sites

Tech Support

I-601 WaiverVaccinations
for Immigrants