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Who Handles Religious Exemptions for Medical Exam? [split topic]

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Filed: IR-1/CR-1 Visa Country: Vietnam
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31 minutes ago, Kor2USA said:

Just to clarify.

You've already filed the waiver and paid $930?

Or you completed the forms and tried to submit them at the medical? 

Yes completed, sent with fees.

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Filed: IR-1/CR-1 Visa Country: Vietnam
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3 minutes ago, Family said:

Thank you for your clarification. I agree with you on Medical Examiners look of surprise and confusion..he never checked that box in all his time in practice. It’s rare AND COVID-19 exemption is a FIRST for all. 
 

You , Sir, are the first I’ve come across  on VJ , to HAVE the I-601 Ready and filed in advance. Excellent preparation to take copy of it w you. 
Filing in advance for Medical Waivers is not a “ finding by DOS”, so they will NOT reject your filing.

 

But no public information seems to be available for how long it takes. Please ask the officer.


Please share and post your experience. 
What you filed , statement, and what religion..anything you want..so it may answer questions for others. 
 

The exemption is for All required vaccines. My spouse had some as infant but as an adult refused any vaccine.

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3 minutes ago, Jer50 said:

Yes completed, sent with fees.

Please update us after the interview concludes.

If it is possible to file vaccine waiver in advance when consular processing (before you interview/maybe before I-130 is approved) I think this would be something others would be interested in hearing. 

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Filed: IR-1/CR-1 Visa Country: Vietnam
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2 hours ago, Boiler said:

Medical Examiner? The waiver is nothing to do with them, they just mark the medical as incomplete.

Correct, his form I-693 was not revised back in Oct. When covid was manadatd and did not include religious waiver. When covid was mandated. As I indicated to him just check the "other" box and state incomplete. He failed to know the requirements

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F. Step-by-Step Checklist

A blanket waiver may be available to the applicant. The officer should check whether the applicant is eligible for a blanket waiver before proceeding to this checklist. 

Adjudication Vaccination Requirement Waiver Based on Religious Beliefs or Moral Convictions

Step

If YES …

If NO …

Step 1: Review the evidence for any indication that the applicant opposes the vaccination requirement based on religious beliefs or moral convictions.

Explain (during the interview or through an RFE) the waiver requirements and request that the applicant file a waiver, if he or she has not already done so. Proceed to Step 3.

RFE or interview to ascertain reasons why vaccines were not given. Proceed to Step 2A.

Step 2A: Did the applicant oppose the vaccines?

Explain to the applicant (at interview or through RFE) the waiver requirements and request that the applicant file a waiver if not already done so. Proceed to Step 3.

Proceed to Step 2B.

Step 2B: Is the applicant willing to obtain the missing vaccine?

Issue an RFE for corrective action of the vaccination assessment. Upon receipt of response to RFE, determine whether the vaccine requirement has been met. If the applicant is still missing vaccines, and no blanket waiver is available, begin at Step 1 again. 

Applicant is inadmissible based on INA 212(a)(1)(A)(ii) (irrespective of the grant of any blanket waivers).

Step 3: Review the waiver application to determine whether the applicant opposes the vaccination requirement in any form.

Proceed to Step 4.

The waiver should be denied and the applicant is inadmissible based on INA 212(a)(1)(A)(ii)(irrespective of the grant of any blanket waivers).

Step 4: Review the waiver application to determine whether the applicant opposes the vaccination requirement on account of religious belief or moral conviction.

Proceed to Step 5. 

The waiver should be denied and the applicant is inadmissible based on INA 212(a)(1)(A)(ii)(irrespective of the grant of any blanket waivers).

Step 5: Analyze whether the waiver application reflects that the applicant’s belief is sincere. 

Proceed to Step 6.

The waiver should be denied and the applicant is inadmissible based on INA 212(a)(1)(A)(ii)(irrespective of the grant of any blanket waivers).

Step 6: Analyze whether the waiver should be granted as a matter of discretion; ordinarily, the finding that the applicant holds sincere religious or moral objections should be sufficient for a grant of the waiver.

Grant the waiver.

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15 minutes ago, Jer50 said:

Correct, his form I-693 was not revised back in Oct. When covid was manadatd and did not include religious waiver. When covid was mandated. As I indicated to him just check the "other" box and state incomplete. He failed to know the requirements

His outdated version was “ extended” by USCIS in August , so he never bothered to just update on his own. 
I just looked at FAM ( Foreign Affairs Manual) and Consular Officers are not given the authority to grant the Medical Waivers …so you will get the Refusal Letter and inadmissibility finding AND wait for I-601. 
 

FAM 302.2-6(D)(1)  (U) Waivers for Immigrant Visa Applicants

(CT:VISA-1382;   10-01-2021)

a. (U) In General:

(1)  (U) Grounds for Waiver:  An immigrant visa applicant who is ineligible under INA 212(a)(1)(A)(ii) may benefit from an INA 212(g)(2)(A) or INA 212(g)(2)(B) waiver if:

(a)  (U) The missing vaccinations are subsequently received; or

(b)  (U) The panel physician determines that administration of the required vaccination would be medically inappropriate given the applicant’s age, medical history, or current medical condition.  

(2)  (U) Blanket Authority:  DHS/USCIS has delegated blanket authority to you to grant INA 212(g)(2)(A) and INA 212(g)(2)(B) waivers without the need for a fee or the filing of a form.

(3)  (U) Religious or Moral Objections:  Immigrant visa applicants who object to receiving vaccinations on religious or moral grounds must seek an INA 212(g)(2)(C) waiver from DHS/USCIS by filing Form I-601, Application for Waiver of Grounds of Inadmissibility.  You do not have the authority to adjudicate or grant INA 212(g)(2)(C) waivers.

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Filed: IR-1/CR-1 Visa Country: Vietnam
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1 hour ago, Family said:

His outdated version was “ extended” by USCIS in August , so he never bothered to just update on his own. 
I just looked at FAM ( Foreign Affairs Manual) and Consular Officers are not given the authority to grant the Medical Waivers …so you will get the Refusal Letter and inadmissibility finding AND wait for I-601. 
 

FAM 302.2-6(D)(1)  (U) Waivers for Immigrant Visa Applicants

(CT:VISA-1382;   10-01-2021)

a. (U) In General:

(1)  (U) Grounds for Waiver:  An immigrant visa applicant who is ineligible under INA 212(a)(1)(A)(ii) may benefit from an INA 212(g)(2)(A) or INA 212(g)(2)(B) waiver if:

(a)  (U) The missing vaccinations are subsequently received; or

(b)  (U) The panel physician determines that administration of the required vaccination would be medically inappropriate given the applicant’s age, medical history, or current medical condition.  

(2)  (U) Blanket Authority:  DHS/USCIS has delegated blanket authority to you to grant INA 212(g)(2)(A) and INA 212(g)(2)(B) waivers without the need for a fee or the filing of a form.

(3)  (U) Religious or Moral Objections:  Immigrant visa applicants who object to receiving vaccinations on religious or moral grounds must seek an INA 212(g)(2)(C) waiver from DHS/USCIS by filing Form I-601, Application for Waiver of Grounds of Inadmissibility.  You do not have the authority to adjudicate or grant INA 212(g)(2)(C) waivers.

Thanks for your time.

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Filed: K-1 Visa Country: Wales
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Medical waivers are nothing new, do not seems that common but they have been around for a very long time.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Morocco
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to have a religious exemption against the vaccine,  seems u would need to state the religion

so, curious to know your religion and how u will handle this

keep us informed

 

 Of the major religions practiced in the United States, only the Church of Christ, Scientist (whose adherents are known as "Christian Scientists") and the Dutch Reformed Church are the two religious groups that openly discourage vaccination. Islam in the United States, for the most part, has not opposed vaccination under the principle of necessity, meaning that vaccines are necessary for health, so they cannot be prohibited by religious law.

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17 minutes ago, JeanneAdil said:

religious exemption against the vaccine

Very true but and to bypass that burden they would heavily argue “..or moral grounds “..BUT, I personally think COVID-19 exemptions have ZERO  chance on Religious/Moral for those seeking to adjust ( are already in US) or those seeking admission ( are outside)…BUT often things change and with talk of doing away with Title 42 expulsions..many like OP are willing to take a chance on change. 

 

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Filed: K-1 Visa Country: Wales
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19 minutes ago, Family said:

Very true but and to bypass that burden they would heavily argue “..or moral grounds “..BUT, I personally think COVID-19 exemptions have ZERO  chance on Religious/Moral for those seeking to adjust ( are already in US) or those seeking admission ( are outside)…BUT often things change and with talk of doing away with Title 42 expulsions..many like OP are willing to take a chance on change. 

I have seem many vaccine waivers approved, I have come across nothing to suggest a well put together waiver would not normally be approved.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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44 minutes ago, JeanneAdil said:

to have a religious exemption against the vaccine,  seems u would need to state the religion

so, curious to know your religion and how u will handle this

keep us informed

 

 Of the major religions practiced in the United States, only the Church of Christ, Scientist (whose adherents are known as "Christian Scientists") and the Dutch Reformed Church are the two religious groups that openly discourage vaccination. Islam in the United States, for the most part, has not opposed vaccination under the principle of necessity, meaning that vaccines are necessary for health, so they cannot be prohibited by religious law.

You’re missing the moral option.
 

People have successfully obtained religious exemptions (as in not practicing any religion or being an atheist). 

 

I still find it ridiculous that they accept titers for other shots but not for covid when it’s well known natural immunity trumps shot and hybrid immunity. 
 

AND DOS still wants to keep covid shots requirement forever (current ds-3025 only allows it up to end of July 2022 - google OMB DS-3025 and 3026). 

ROC 2009
Naturalization 2010

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12 hours ago, Family said:

I just looked at FAM ( Foreign Affairs Manual) and Consular Officers are not given the authority to grant the Medical Waivers …so you will get the Refusal Letter and inadmissibility finding AND wait for I-601. 

This is why senior members in this thread have been telling OP that waivers cannot be requested ahead of time.....

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