CDC Requires COVID-19 Vaccination for Immigrant Medical Examination

Overview:

The World Health Organization has declared the Covid-19 pandemic to be a public health emergency of international concern. The CDC defines Covid-19 as a quarantinable communicable disease and a severe acute respiratory syndrome, thus making it a Class A Inadmissible Condition. Through these definitions a negative Covid-19 screening is not sufficient for immigrant medical examinations. In order to provide protection to the applicant and the US population Covid-19 vaccinations will be required as part of the medical examination for all applicants. This regulation will go into effect beginning October 1, 2021.

Requirements and Waivers:

Any applicant applying for an adjustment of status will need to show proof of a complete Covid-19 vaccination record at the time of their medical examination. The civil surgeon completing the medical examination must confirm in person documentation of a complete Covid-19 vaccine series. Some exemptions to this rule are as follows:

  • The applicant is not within the approved age range for the Covid-19 vaccine;
  • The applicant has a reason of precaution to the Covid-19 vaccine;
  • The applicant has had a severe reaction to the first dose and has documentation of receiving the first dose;
  • The vaccine is not routinely available in the state where the Civil Surgeon practices; and,
  • The vaccine is available in the area of the applicant, but is in limited supply, therefore severely delaying the applicant's medical exam.

All of these exemptions must be documented to be approved. Applicants may request a waiver to be exempt for religious or moral convictions.

For More Information:

View original CDC announcement here.

This blog post does not serve as legal advice and does not establish any client-attorney privilege. Do not take any action based on the information contained in this post without consulting a qualified immigration attorney. If you have any questions, please do not hesitate to contact our legal team directly.

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