Vaccine Exemptions and Waivers

Are Vaccines Required for the Immigration Process?

Among the requirements to become a lawful permanent resident of the United States, or get your green card, are CDC mandated vaccines. These requirements also apply to applicants for immigrant visas, making vaccine compliance essential for both adjustment of status and immigrant visa processing. Not having the vaccines required will result in an immigrant being deemed inadmissible to the United States on public health grounds as defined by immigration law, and could cause you to be denied for your visa.

The vaccination requirement is established by statute and applies to all applicants for immigrant visas and adjustment of status. Fortunately, certain rights of United States citizens extend to immigrants as well, including the First Amendment to the United States Constitution. This Amendment protects the right to free speech and religion and ensures protection for individuals who are opposed to any vaccinations. The statute refers specifically to religious beliefs or moral convictions, not to membership in a particular religious organization or moral establishment. This protection covers immigrants as well as citizens, in the form of being able to obtain vaccine waivers, or exemptions, for immigration purposes.

Navigating these requirements and waivers is a complex area of immigration law, and legal guidance is often necessary.

What Vaccines are Required for Immigration?

For immigration into the United States, certain vaccinations are required depending on your age and medical history. The vaccines currently required include*:

• Diphtheria, Pertussis, and Tetanus (DTaP/Tdap)
• Haemophilus influenzae type b
• Hepatitis A
• Hepatitis B
• Influenza
• Measles, Mumps, and Rubella (MMR)
• Meningococcal meningitis
• Pneumococcal pneumonia
• Polio
• Rotavirus
• Varicella
• Any other vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices (ACIP)

These vaccinations are required to help prevent the spread of communicable diseases among the U.S. population. A more age-specific chart can be found at USCIS Vaccination Requirements for Green Card (visaguide.world)

What is a Vaccine Exemption?

Sometimes you will hear the word exemption exchanged for waiver. A vaccine exemption is just another way to describe the special permission to not have to fulfill a vaccination obligation. You will often hear this word applied with regard to vaccine exemptions for school or work purposes. For immigration purposes, the applicant is seeking a specific waiver, which is granted when the applicant establishes a sincere objection to vaccination based on a religious belief or moral conviction. The waiver is based on the applicant’s religious beliefs, and these must be sincerely held. Objections based on political beliefs do not qualify. The applicant establishes eligibility by providing a credible sworn statement or supporting evidence of their religious or moral objections to the satisfaction of USCIS (United States Citizenship and Immigration Services).

Different Types of Vaccine Waivers Available

Blanket Waiver

A Blanket Waiver is a medical waiver for vaccines required for immigration. When you are applying to become a permanent resident, a medical examination is required. During this examination, a panel physician (for overseas applicants) or a civil surgeon (for applicants in the United States) is responsible for assessing your vaccination needs and determining eligibility for a blanket waiver. A blanket waiver can be granted if the panel physician or civil surgeon decides that any of the vaccine requirements is:

• Not age-appropriate for you or your child
• Medically contraindicated
• If there is not enough time to complete a series of vaccinations
• It is not flu season, or a specific flu vaccine is not available in the location where you are receiving the medical exam

If you are granted a blanket waiver, you will not have to file the form or pay the fees.

Individual Waiver

Waivers based on moral convictions against vaccines or religious beliefs that prohibit receiving vaccines are available, but there are certain conditions for having them approved, including:

• You must be opposed to any and all vaccinations in any and all forms. You cannot choose to take some vaccinations but not others and qualify for this waiver. Sometimes there are exceptions to this which your attorney can help you with.
• Your objections must be religious or morally based.
• The religious or moral objections you have to vaccines must be determined to be sincere.

You do not have to affiliate with a certain religious group, recognized religion, organized religion, or moral establishments to qualify for this waiver. The law does not require membership in any recognized religion or organized religion; personal beliefs are sufficient. Each request is assessed on a case-by-case basis.

The waiver is available to individuals whose sincerely held religious or moral beliefs mean that vaccinations offend their convictions. Prior vaccination does not automatically disqualify an applicant; changes in beliefs or circumstances can be considered.

Criteria for Obtaining Immigration Vaccine Waivers Due to Religious Beliefs or Moral Convictions

If you meet the criteria above, then we can help you obtain an exemption for the required immigration vaccinations. The waiver process recognizes certain persons’ religious beliefs as a valid basis for exemption, provided these beliefs are sincerely held and oppose all vaccinations. Even if you feel you may not meet the criteria, but would like a vaccine waiver for immigration purposes, you should discuss it with an attorney. Each case is unique and should be evaluated individually.

Immigration Vaccine Waivers FAQ

The Importance of Hiring an Immigration Lawyer

Navigating the immigration process can be overwhelming and confusing. Mistakes can set your paperwork back for months, if not more. An experienced immigration lawyer can make all the difference. We know the paperwork required regardless of your particular circumstances and understand what the USCIS is looking for during interviews. In the event of any denials, your immigration attorney can step in as your advocate and dispute the denial as well as correct any issues and get you back on track to obtaining your green card or citizenship.

The experienced team of immigration law professionals at Siri & Glimstad LLP understands the importance of this process and has the tools and knowledge to guide you through it as efficiently as possible.

At Siri & Glimstad LLP, we have represented thousands of clients in immigration matters. Our motto is simple – Dedication, Efficiency, and Commitment to the end goal.

We also handle other types of immigration cases including:

• Adjustment of status
• Consular Processing
• Asylum, DACA, TPS, U-Visas, R-Visas
• Naturalization and Citizenship
• Fiancé Visas

If you or a loved one need help with any issues concerning immigration, please contact us. Hablamos español.