Visa Lawyer Blog

Articles Posted in COVID-19 Vaccine

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doctor-5569298_1280Wondering what’s new in immigration? We have some bad news for adjustment of status applicants filing a green card inside the United States.

Effective immediately, the U.S. Citizenship and Immigration Services (USCIS) will now require adjustment of status applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status to submit their application along with the sealed medical examination from their civil surgeon also known as Form I-693, Report of Immigration Medical Examination and Vaccination Record.

Applicants who fail to provide the medical examination may have their I-485 green card application rejected by USCIS.

Why is a Medical Examination Required for a Green Card?

Those who are applying for adjustment of status (a green card) are generally required to undergo an immigration medical examination. During the examination, the civil surgeon will review the applicant’s vaccination history to determine whether the applicant has received all required vaccinations, including the COVID-19 vaccination.

Once the medical examination has been completed, the civil surgeon must sign and provide a sealed Form I-693 report that must be mailed by the applicant along with the I-485 application.

The medical report is necessary to prove that green card applicants are free from health conditions that would render them inadmissible to the U.S. on health-related grounds.

Accordingly, filing the Form I-693 and Form I-485 together is now a requirement.

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traffic-signs-464641_1280In this blog post we bring you some breaking news.

On Friday August 2, 2024, the Biden administration announced that it has paused the humanitarian parole program for nationals of Cuba, Haiti, Nicaragua, and Venezuela, effective immediately due to concerns regarding fraudulent filings and potential abuse of the program.

This means that the Department of Homeland Security (DHS) will temporarily pause the issuance of travel authorizations for new beneficiaries of the program seeking parole, while the agency implements additional security screenings and vets U.S. supporters who sponsor qualifying nationals to arrive in the United States.

While sponsors can still submit the Form I-134A Declaration of Support on the USCIS webpage, these applications will not be approved until further notice.

Only once new safeguards have been put in place, the agency will restart the processing of applications.

Please note that foreign nationals who have already been admitted through the program, will not be impacted by the pause.

Why was the Parole Program paused?

DHS officials have said that it stopped processing new parole applications in mid-July due to an internal report that highlighted potential abuse by U.S.-based sponsors, such as the filing of multiple applications from a single sponsor.

The Federation for American Immigration Reform (FAIR) obtained a copy of the report and released a statement of the findings which shows that thousands of I-134A declarations were filed containing fraudulent information, such as fake Social Security Numbers (SSNs), as well as SSNs belonging to deceased individuals, the use of false phone numbers, and filings using the same physical address.

According to the statement, “Some 100 addresses were listed on over 19,000 forms, and many parole applicants applied from a single property (including a mobile park home, warehouse, and storage unit). In addition, many applications were submitted by the same IP address…the same exact answers to Form I-134A questions were provided on hundreds of applications – in some instances, the same answer was used by over 10,000 applicants.”

These concerns have led the government to put in place further mechanisms to prevent such abuse.

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This week we bring you new updates regarding the I-693 medical examination.

On April 4, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced that any Form I-693, Report of Immigration Medical Examination and Vaccination Record, that was properly completed and signed by a civil surgeon on or after November 1, 2023, does not expire and can be used indefinitely as evidence to show that the applicant is not inadmissible on health-related grounds.

What is Form I-693?

The Form I-693 is a medical examination report that must be completed by a USCIS approved civil surgeon. It is a required document for certain noncitizens who must prove to USCIS that they are free of any health-related conditions that would make them inadmissible to the United States. This includes applicants applying for adjustment of status on Form I-485 (green card applicants).

Beginning December 9, 2021, USCIS recognized the validity of Form I-693 for a period of 2 years from the date the civil surgeon signed the form, regardless of when the underlying application was submitted.

What changed?

Medical Examinations Completed On or After November 1, 2023

USCIS has consulted with the Centers for Disease Control and Prevention (CDC) and determined that the validity of Form I-693 will no longer be limited to a certain period, so long as it was properly completed and signed by a civil surgeon on or after November 1, 2023.

Effective November 1st, the CDC has required civil surgeons to share certain medical data from the Form I-693 directly with CDC electronically. CDC and USCIS have also collaborated to improve the reporting of public health information collected on Form I-693 by civil surgeons to local U.S. health departments.

Before this policy update, civil surgeons were not required to share such information with CDC electronically.

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CBP No Longer Requires Proof of COVID-19 Vaccination for Air Passengers from Any Country starting today May 12, 2023 

The United States Customs and Border Protection (CBP) now joins the State Department and Department of Homeland Security in announcing the end of the COVID-19 vaccination requirement for international travelers starting today Friday, May 12, 2023.

Noncitizen nonimmigrant air passengers will no longer need to show proof of being fully vaccinated with an accepted COVID-19 vaccine to board a flight to the United States.

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Welcome back to Visalawyerblog! In this blog post we share with you some breaking news regarding the COVID-19 vaccination requirement for non-immigrant international travelers.

On May 4, 2023, the State Department announced that the Biden administration will end the COVID-19 vaccine requirements for international air travelers at the end of the day on May 11, 2023, which marks the end of the federal COVID-19 public health emergency.

After this date, beginning May 12, noncitizen nonimmigrant air passengers will no longer need to show proof of being fully vaccinated with an accepted COVID-19 vaccine to board a flight to the United States.

Additionally, the Department of Homeland Security has released its own statement announcing that the COVID-19 vaccine requirement will also end for non-U.S. citizen travelers seeking entry through land parts of entry and ferries as indicated below:

Beginning May 12, 2023, DHS will no longer require non-U.S. travelers entering the United States via land ports of entry and ferry terminals to be fully vaccinated against COVID-19 and provide related proof of vaccination upon request. DHS intends to rescind these Title 19 travel restrictions in alignment with the end of the Public Health Emergency and the termination of the Presidential Proclamation on air travel.

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Happy Columbus Day! We start the week with great news for green card applications.

The U.S. Citizenship and Immigration Services (USCIS) recently announced that it is extending a policy that previously waived the requirement for civil surgeons to sign the Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before filing the green card application.

USCIS previously issued its waiver policy until September 30, 2022 but has decided to extend the waiver until March 31, 2023.

Why the extension?

Due to processing delays caused by the COVID-19 pandemic, USCIS has decided that extending this policy is necessary to provide relief to applicants for the delays and difficulties that it takes to complete the green card medical examination.

Moving forward, the waiver will apply to all Form I-693 medical examinations for green card applications that have not been adjudicated, regardless of when the application was submitted to USCIS or when a civil surgeon signed the Form I-693.

USCIS expects this extension to provide much needed relief to Afghan nationals evacuated under Operation Allies Welcome, who completed immigration medical examinations but could not apply for adjustment of status within 60 days of a civil surgeon signing their Form I-693.

For more information about this important update, please click here.

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Have you ever wondered: is there an exception to the COVID-19 vaccine requirement mandated by the U.S. Citizenship and Immigration Services (USCIS) for those undergoing the green card process?

In this blog post, we share with you how our office was able to obtain successful waivers of the COVID-19 vaccine requirement, information about what exceptions exist to the vaccine requirement, the criteria that must be proven to obtain a vaccine waiver, and the resulting victories we gained on behalf of our clients.

We also describe how we were able to accomplish vaccine waiver approvals, by presenting an abundance of documentary evidence to help these individuals prove their case.

An Overview: What is the COVID-19 Vaccination Requirement

In response to the rapid rise in Coronavirus cases, the U.S. government announced that starting October 1, 2021, those applying for permanent residency (a green card) within the United States, or an immigrant visa abroad, would be required to be fully vaccinated against COVID-19 (one or two doses depending on the vaccine taken).

The Medical Examination Form I-693

As part of the green card process, applicants are required to complete a medical examination conducted by a civil surgeon on Form I-693, to establish that they are not inadmissible to the United States on public health grounds. The government made it a matter of policy as of October 1, 2021, to require all those subject to the medical examination requirement to complete the COVID-19 vaccination to prove their admissibility (and therefore) receive approval of their green cards.

The U.S. Citizenship and Immigration Service announced that this policy would apply “prospectively to all Forms I-693 [medical examinations] signed by the civil surgeons” on or after October 1, 2021. The agency also took steps to revise Form I-693 and its instructions to include the new vaccination requirement.

Its policy guidance followed the recommendations of the U.S. Centers for Disease Control and Prevention’s (CDC) August 17, 2021, update to the Technical Instructions for Civil Surgeons. The CDC update requires applicants subject to the immigration medical examination to “complete the COVID-19 vaccine series [in addition to the other routinely required vaccines] and provide documentation of vaccination to the civil surgeon or panel physician in person before completion of the medical examination.”

Does the COVID-19 vaccination requirement also apply to those seeking immigrant visas at U.S. Embassies and Consulates abroad?

Yes. The government made clear that the COVID-19 vaccination requirement applies to those seeking to adjust their immigration status within the United States, as well as applicants applying for immigrant visas at U.S. Embassies and Consulates abroad. That is because complete vaccination is necessary for a medical examination conducted by a civil surgeon or physician abroad, as part of the green card admissibility process.

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Are you a participant of the Uniting for Ukraine parole program? If so, then you may be interested in learning more about the new COVID-19 vaccination requirements recently implemented by the U.S. Department of Homeland Security (DHS).

The agency has announced that effective immediately, all beneficiaries aged 6 months and older must have an attestation submitted, verifying that they have received COVID-19 vaccinations both before traveling to the United States and after arrival in the United States, unless they are eligible for an exception. Previously, beneficiaries younger than 5 years old qualified for an exception to the COVID-19 vaccination requirement because the vaccine was not approved or licensed for use in that age group.

Before Traveling to the United States

To receive travel authorization under the Uniting for Ukraine program, all beneficiaries aged 6 months and older must have an attestation submitted verifying that they received at least 1 dose of a COVID-19 vaccine approved or authorized by the Food and Drug Administration or a COVID-19 vaccine listed for emergency use by the World Health Organization, unless they are eligible for an exception.

After Arrival in the United States

After being paroled into the United States, all beneficiaries aged 6 months and older must have an attestation submitted attesting that they completed or will complete their COVID-19 vaccination series (in other words, they will be fully vaccinated) within 90 days of their arrival or within 90 days of reaching the eligible age for vaccination according to the current Centers for Disease Control and Prevention guidelines, unless they are eligible for an exception.

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In this blog post, we share with you new developments related to immigration law.

Uniting for Ukraine: USCIS Extends Completion of Medical Screening & Attestation Within 90 Days of Arrival to the United States 

Effective immediately, the United States Citizenship and Immigration Services (USCIS) has announced that it will extend the amount of time that beneficiaries paroled into the United States under the “Uniting for Ukraine” program must comply with the medical screening and attestation requirements for required vaccinations such as tuberculosis and COVID-19. Previously, parolees were required to complete the medical screening and attestation requirements within 14 days of their arrival to the United States.

Now, Uniting for Ukraine parolees will be given 90 days from the date of their arrival to the United States to fulfill the attestation requirement, which is one of the conditions of being granted parole. The attestation can be completed in the beneficiary’s USCIS online account. USCIS notes that beneficiaries are responsible for arranging to have their vaccinations and medical screening for tuberculosis, including an Interferon-Gamma Release Assay (IGRA) blood test.

Those who test positive for tuberculosis, may be subject to additional procedures such as undergoing additional screening (a chest radiograph, isolation, and treatment if applicable).

Beneficiaries will also be required to complete the tuberculosis screening attestation for their minor children within 90 days of arrival to the United States, even if the child is under the age of 2 years old and qualifies for an exception to the tuberculosis test screening.

For more information and resources, please visit the Centers for Disease Control and Prevention’s Uniting for Ukraine: Information for TB Programs page.

For more information about the Uniting for Ukraine program please click here.

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Today, Americans woke up to the tragic news of Russia’s targeted attack on Ukraine, adding to increased anxieties surrounding the already uncertain global climate during the COVID-19 pandemic.

To provide some relief in these unprecedented circumstances, the U.S. government and Centers for Disease Control (CDC) have amended their regulations to determine that it is in the national interest to permit the entry of Ukrainian noncitizen nonimmigrants who (1) are traveling with a U.S. citizen or lawful permanent resident; (2) were physically present in Ukraine as of February 10, 2022; and (3) possess valid travel documents allowing them to travel to the United States.

For their part, the CDC has announced that, based on a request from the U.S. Department of State and consistent with the determination made by the Secretary of Homeland Security, it will exercise its enforcement discretion regarding certain aspects of its “Amended Order: Requirement for Proof of Negative COVID-19 Test Result or Recovery from COVID-19 for All Airline Passengers Arriving into the United States,” and its “Amended Order Implementing Presidential Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic pdf icon[PDF – 52 pages],” effective immediately.

What does this mean?

The CDC will exercise enforcement discretion effectively immediately for the following groups of individuals, to the extent they were physically present in Ukraine as of February 10, 2022:

U.S. citizens; lawful permanent residents; noncitizens in possession of a valid U.S. immigrant visa; as well as noncitizen nonimmigrants who are traveling with a U.S. citizen or lawful permanent resident and possess valid travel documents allowing them to travel to the United States, known as “covered persons.”

Pursuant to this exercise of enforcement discretion, covered persons will not be required to provide proof of a negative COVID-19 test result prior to boarding a flight to the United States or to complete the attestation at Section 1 of the Combined Passenger Disclosure and Attestation to the United States of America pdf icon[PDF – 7 pages] form.

CDC is requesting that all air carriers cooperate in this exercise of enforcement discretion. Noncitizen nonimmigrants must continue to complete Section 2 of the Combined Passenger Disclosure and Attestation to the United States of America pdf icon[PDF – 7 pages] form attesting to either being fully vaccinated and providing proof of being fully vaccinated against COVID-19 or, if traveling pursuant to an exception, including a national interest exception, that they have made arrangements to receive a COVID-19 test within three to five days of arrival in the United States, to self-quarantine for seven days, to self-isolate in the event of a positive COVID-19 test or the development of COVID-19 symptoms, and to become fully vaccinated for COVID-19 within 60 days of arrival in the United States if intending to stay in the United States for more than 60 days.

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