Effective October 1, 2021, the Centers for Disease Control and Prevention (CDC) will now require all applicants seeking permanent residence to complete the COVID-19 vaccine and provide documentation to the civil surgeon before completing their medical exam. This includes applicants filing for adjustment of status in the US and those applying via consular processing.
However, certain applicants may qualify for a waiver, and this includes the following individuals:
- Applicants who are not age-appropriate such as young children;
- This applies where an applicant has a contraindication or precaution to the COVID-19 vaccination. In this case, the contraindication needs to be documented. If an applicant received the first dose and suffered a severe reaction that is considered to be a contraindication to getting the second dose;
- Where the vaccine is not routinely available; or
- Religious or moral convictions: An applicant can also request a waiver based on religious or moral convictions. The reason for the waiver request must be documented and then a waiver request will need to be made to USCIS. It is then up to the discretion of the officer as to whether or not to grant the waiver.
If an applicant refuses to get the vaccination and it is considered to be medically appropriate then the applicant will be deemed inadmissible to the US, unless of course, the applicant is eligible for a waiver.
For further information regarding the vaccine requirement please refer to the CDC website:
If you have questions regarding this please contact PLG Partner Chris Prescott at cprescott@patellegal.com.