Starting October 01, 2021, COVID-19 vaccine is being included in the list of vaccines required to obtain Green Cards in the United States and immigrant visa applicants applying at U.S. embassies and consulates abroad. According to the new vaccination requirement the designated USCIS civil surgeon who performs the medical examination required for the approval of permanent residence must confirm by reviewing original documentation that the applicant received all doses of COVID-19 vaccine. The Immigration and Nationality Act (INA), at section 212(a)(1)(A)(ii), sets out the requirement that, in order to be found admissible to the United States as permanent residents, foreign nationals must demonstrate proof that they are vaccinated against vaccine-preventable diseases, including, “any… vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices.”
Furthermore, Centers for Disease Control and Prevention (CDC) has required that if applicants have been only partially vaccinated and wish to complete the remaining portions of the medical exam upon being fully vaccinated at a later date, then the designated civil surgeons should accommodate them. Per CDC the acceptable evidence of COVID-19 vaccination would include a vaccination record (original or copy) or a copy of a medical chart with entries made by physician or other appropriate medical personnel. If the COVID-19 vaccine is available to the designated civil surgeon at the time of conducting medical examinations, the civil surgeon may vaccinate applicants and document the doses.
In addition, the foreign nationals applying for immigrant visas aboard at U.S. embassies and consulates, must be tested for infection if they report symptoms of COVID-19 at the time of scheduling or attending their medical exam. The exam will be postponed until they have met the recovery criteria to end isolation. Further, testing of asymptomatic applicants ages two years and older may be required at the discretion of the panel physician, in order to support the public health safety of their clinics. Also, Immigrant visa applicants in close contact with someone with COVID-19 will be unable to clear their medical exam until they complete 14 days of quarantine.
Please note, green card applicants and refugees who refuse one or more doses of the COVID-19 vaccine will be found inadmissible to the United States of America. However, blanket waivers are available to applicants who are too young to receive the vaccine, have a medical contraindication to the vaccine, or who do not have access to one of the approved COVID-19 vaccines. These applicants will not be required to receive the vaccine. Additionally, individuals may apply for an individual waiver based on religious or moral convictions with U.S. Citizenship and Immigration Services (USCIS).
We will regularly update the blog as soon as any new information is available.
Disclaimer
This article aims to provide new information concerning COVID-19 vaccine requirement for green card applicants. This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).
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