Vaccine waiver

[David112233 0]

My wife (currently) moved from to Canada to the US with a K-1 visa.  We are in the process of filing for AOS but want to get a vaccine waiver due to moral reasons or religious reasons..  Does anyone have any experiences or advice to share?  Thank you. 

Edited October 10, 2019 by David112233
Clarity

[Crazy Cat 41,558]

29 minutes ago, David112233 said:

My wife (currently) moved from to Canada to the US with a K-1 visa.  We are in the process of filing for AOS but want to get a vaccine waiver due to moral reasons or religious reasons..  Does anyone have any experiences or advice to share?  Thank you. 

I have a question.  What are your plans if the vaccine waiver is not approved ?

[David112233 0]

I am learning more and more about the process.  Until I know all the options I am not sure.  

[bayfinest 27]

47 minutes ago, David112233 said:

My wife (currently) moved from to Canada to the US with a K-1 visa.  We are in the process of filing for AOS but want to get a vaccine waiver due to moral reasons or religious reasons..  Does anyone have any experiences or advice to share?  Thank you. 

Please read this and the Q&A. Hope it helps. 

 

https://www.uscis.gov/news/questions-and-answers/vaccination-requirements

[Crazy Cat 41,558]

 

Here is some really good info:

http://myattorneyusa.com/waivers-of-vaccination-related-inadmissibility

Religious Belief or Moral Conviction Waiver

"The final waiver of section 212(a)(1)(A)(ii) inadmissibility is the “religious belief or moral conviction” waiver. Unlike the first two waivers, this waiver is not a blanket waiver. Instead, the applicant must file with the USCIS the Form I-601, with fee and in accordance with form instructions. Those seeking visas through consular processing must also apply for the waiver by filing the Form I-601 , as noted at 9 FAM 302.2-6(D)(1)(d), which directs consular officers to instruct applicants who may be eligible for a religious belief or moral conviction waiver of the vaccine requirement on how to file the application with the USCIS. However, if the applicant has other grounds of inadmissibility that cannot be waived, 9 FAM 302.2-6(D)(2) instructs consular officers to not advise applicants to file the Form I-601.

At 9 USCIS-PM C.9(E), the USCIS explains that if a USCIS officer notes that a required vaccine is missing and the applicant states that he or she has a religious or moral objection to the vaccine, the officer should notify the applicant of the possibility of a waiver and explain the basic waiver requirements. The officer should then issue an RFE for the waiver application.

The USCIS-PM sets forth the following three requirements for the religious belief or moral conviction waiver:

• 1. The applicant must be opposed to all vaccinations in any form.

An applicant may only be eligible for a section 212(g)(2)(C) waiver if he or she opposes vaccinations in all forms. The USCIS explains that the applicant cannot “pick and choose” among the vaccinations. In short, the applicant cannot obtain a waiver because he or she objects to certain vaccinations but is fine with other vaccinations.

The USCIS makes clear that the mere fact that the applicant has received certain vaccinations in the past does not necessitate the denial of a waiver. In this case, the USCIS officer is instructed to consider the reasons that the applicant provides for why he or she received the vaccinations in question. The USCIS states that a waiver may be approvable of the applicant establishes that his or her religious beliefs or moral convictions changed substantially since the vaccinations in question were administered. In the case of a child, a waiver may be approvable of the child received his or her vaccinations in an orphanage. The USCIS-PM makes clear that these two scenarios are only examples, and an officer is not precluded from considering other credible circumstances and accompanying evidence.

• 2. The objection must be based on religious or moral convictions.

The USCIS-PM instructs officers to balance the applicant's religious beliefs “against the benefit to society as a whole” provided by vaccination. The USCIS also instructs officers to “be mindful that vaccinations could offend certain persons' religious beliefs.” In total, it advises that this requirement “should be handled with sensitivity.”

• 3. The religious belief or moral conviction must be sincere.

The applicant is required to demonstrate that (1) “he or she holds the belief sincerely” and (2) “in subjective good faith of an adherent.”

 

The USCIS states that even if the “beliefs accurately reflect the applicant's ultimate conclusions about vaccinations, they must stem from religious and moral convictions, and must not have been framed in terms of a particular belief so as to gain … [the] waiver.” Here, the USCIS makes clear that the applicant's beliefs must be sincere and that the applicant's objection to the vaccines must stem from these beliefs rather than be tailored for purpose of obtaining a waiver.

 

In determining whether a belief is sufficient for the granting of a waiver, the USCIS should determine “whether that claimed belief or moral conviction is truly held, that is, whether it is applied consistently in the applicant's life.”

The USCIS made clear that the applicant need not “be a member of a recognized religious group or attend a specific house of worship.” This is because the statute refers to “religious beliefs” and not specific establishments.

 

The USCIS advised that “t is necessary to distinguish between strong religious beliefs or moral convictions and mere preference.” Here, the USCIS-PM makes clear that a mere “preference” to not receive vaccines is not sufficient grounds for a waiver. The USCIS defined a “religious belief” or “moral conviction” as a belief or conviction that has the “ability to cause an adherent to categorically disregard self-interest in favor of religious or moral tenets.”

 

To support an application for a religious belief or moral conviction waiver, the applicant may submit a sworn statement. The USCIS-PM states that the sworn statement should contain the following:

The exact nature of the religious beliefs or moral convictions; and How the religious beliefs or moral convictions would be compromised if the applicant were to comply with the vaccination requirements.

 

The applicant may also submit additional corroborating evidence, if available and credible, to support his or her claims. This may include, but is not limited to, evidence of “regular participation in a congregation … or evidence of regular volunteer work.

 

The applicant for the waiver bears the burden of establishing that he or she has a strong objection to vaccination based on his or her religious beliefs or moral convictions and not merely a preference against such vaccinations. The decision of whether to ultimately grant such a waiver is in the discretion of the USCIS officer. The USCIS-PM does instruct, however, that “[a] favorable exercise of discretion is generally warranted if the applicant establishes that he or she objects to the vaccination requirement on account of religious beliefs or moral convictions.”

Edited October 10, 2019 by missileman

[Crazy Cat 41,558]

It appears that the waiver is submitted after the interview (if the CO advises the applicant that a waiver is available).

[Bajinga 136]

you will need to file the FORM 601 for the waiver and prove that you fit the criterion's for the waiver as mentioned by missileman. Even in the best case scenario that its approved, its very likely to delay the AOS process. it takes atleast a year for the 601 waiver to be processed, someone will correct it if i am wrong on the timeline for it :)

Edited October 10, 2019 by Bajinga

[David112233 0]

Thanks everyone for the feedback.  Anyone have success stories? 

[Crazy Cat 41,558]

2 minutes ago, David112233 said:

Thanks everyone for the feedback.  Anyone have success stories? 

Here is one from 2105........you can see more by entering "vaccine waiver" in the search box of this web site:

 

 

[Lemonslice 4,782]

1 hour ago, David112233 said:

My wife (currently) moved from to Canada to the US with a K-1 visa.  We are in the process of filing for AOS but want to get a vaccine waiver due to moral reasons or religious reasons..  Does anyone have any experiences or advice to share?  Thank you. 

Where did she do her medical in Canada?  I'm curious because it's the first time I read if a Canadian doctor releasing the medical without the vaccines.

[MjC772 94]

10 hours ago, David112233 said:

Thanks everyone for the feedback.  Anyone have success stories? 

Yes. Get vaccinated. I have a ton of success stories: thanks to vaccinations we no longer have numerous deaths due to polio, small pox, measles, mumps, rubella, etc.... Wake up, all of these anti-vaccine arguments are ridiculous. And thank you for risking my child for your "moral or religious" reasons. 

[Nitas_man 3,100]

23 hours ago, David112233 said:

My wife (currently) moved from to Canada to the US with a K-1 visa.  We are in the process of filing for AOS but want to get a vaccine waiver due to moral reasons or religious reasons..  Does anyone have any experiences or advice to share?  Thank you. 

File the waiver request with the AOS package

 

The rest of my comments are withheld.