COVID-19 Vaccinations Required for Most Green Card Applicants Starting October 1

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Starting on October 1, 2021, most permanent residence (green card) applicants will be required to show proof of having received a complete series of COVID-19 vaccinations to be eligible to receive permanent residence, per the Centers for Disease Control and Prevention (CDC). The CDC added COVID-19 to the list of vaccines already required for green card  applicants in the U.S. or those seeking immigrant visas abroad. The additional information provided below is courtesy of global immigration law firm Fragomen:

This new COVID-19 vaccine requirement will be included as part of the required medical exam that is a necessary part of the green card process. Immigration medical exams are conducted based upon the health-related ground of inadmissibility found in the Immigration and Nationality Act in Section 212(a)(1). When the new requirement takes effect, green card applicants attending their medical examination will be required to show proof of full COVID-19 vaccination with a vaccine authorized for use in the United States or listed for emergency use by the World Health Organization. Self-reports of vaccination will not be accepted without written documentation.

If an applicant is not yet fully vaccinated and the COVID-19 vaccine is available to the U.S. civil surgeon or panel physician performing the medical exam, the doctor is permitted to vaccinate the applicant.  However, the applicant must receive the full COVID-19 vaccine series before the medical exam can be completed, so case processing may be delayed if the applicant attends an exam unvaccinated.

The new CDC policy includes guidance regarding waivers and testing for adjustment of status and immigrant visa applicants as follows:

  • Blanket waivers: Blanket waivers of the COVID-19 vaccine requirement will apply to applicants who are younger than the lowest age limit for available vaccines in their jurisdiction, as well as for those who can document a medical contraindication. Also, in certain circumstances, if the COVID-19 vaccine is not routinely available in the jurisdiction of the U.S. civil surgeon or panel physician performing the medical exam, the applicant may be permitted a blanket waiver.
  • Waiver based on religious or moral convictions: If an applicant objects to COVID-19 vaccination on religious or moral grounds, the applicant must submit a waiver request to U.S. Citizenship and Immigration Services (USCIS). USCIS will determine if the waiver is granted. Neither the examining physician nor the CDC can make this determination.
  • Tests for immunity: The CDC advises that lab tests for COVID-19 immunity are not to be conducted as part of the green card medical exam. Applicants must receive the vaccine regardless of evidence of immunity or prior COVID-19 infection. The CDC notes that this is because the duration of immunity due to natural infection is still being investigated and may not protect the applicant throughout the immigration process.

Starting October 1, green card applicants who attend their medical examination without proof of full COVID-19 vaccination will likely experience delays in their case processing, unless clearly exempt under one of the blanket waiver categories.

As a reminder, for international airline passengers ages two years and older, the Centers for Disease Control and Prevention requires a negative COVID test or evidence of recent COVID recovery in order to travel to the United States.