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junari888

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    Blanket Waiver 212 (G)(2)(A)

    in US Embassy and Consulate Discussion

    Posted

    9 FAM 40.11 PN4.1 Waiver Under INA

    212(g)(2)(A)

    (TL:VISA-427; 06-20-2002)

    INA 212(g)(2)(A) appears to have been written chiefly to accommodate

    adjustment of status cases. It allows the Attorney General to grant a waiver

    to any alien who subsequently has been vaccinated after having been found

    ineligible at the time of adjustment of status. Since medical exams for

    immigrants are conducted prior to the visa interview, most applicants will

    not need an INA 212(g)(2)(A) waiver. However, during the initial phases,

    some applicants will appear for their interview without the completed Form

    DS-2053, Medical Examination for Immigrant or Refugee Applicant. Consular

    officers must refuse these applicants under INA 212(a)(1)(A)(ii) and the

    applicant must return to the panel physician to complete their medical exam.

    Once they have done so, they will obtain a Form DS-2053. This form is

    submitted to the consular office and the consular officer would approve a

    blanket waiver under INA 212(g)(2)(A).

    Fiancé(e)s and dependent children under K-1 and K-2 classification may apply for waiver under section 212(d)(3)(A) of the Act at the time they apply for K-1 or K-2 visas or for admission as K-1 or K-2 nonimmigrants. They will be required to apply for a permanent waiver under section 212(g)(1)(A) at the time of application for adjustment of status.

    [Note: K-1 and K-2 nonimmigrants must go through this two-step process because the qualifying relationship for the 212(g)(1) waiver is not established until the K-1 nonimmigrant marries the petitioner. However, if the K-1 can qualify under through a different relationship (e.g. if the K-1 is also the mother of a USC child in addition to being the fiancé of a USC) then there is no need for two separate waiver applications and the 212(g)(1) waiver, if approved, can apply to both the nonimmigrant visa and the related adjustment of status.]

    I FOUND THIS TOO.

    This Memorandum addresses section 341 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA). Section 341 created a new medical ground of inadmissibility under section 212(a)(1)(A)(ii) of the Act relating to vaccinations, and created new waiver provisions under section 212(g)(2) of the Act. On January 17, 1997, the Service issued a wire on the new vaccination requirements and waiver provisions. (HQ 50/5.12, 96 Act.008). This memorandum supplements and clarifies the instructions provided in the January 17 wire.

    1. Applicability. Section 212(a)(1)(A)(ii) of the Act provides that an alien seeking admission as an immigrant or adjustment of status must have received the required vaccinations in order to be admissible. The question of whether the vaccination requirements apply to refugees seeking admission into the United States under section 207 of the Act, however, has yet to be resolved. Until this issue has been resolved, refugees may be admitted into the United States without regard to the vaccination requirements. It should be noted, however, that some refugees may have already received some of the required vaccines. Further guidance on refugees will follow.

    2. Required Vaccines. Under section 212(a)(1)(A)(ii) of the Act, the alien must present documentation of vaccination against mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices (ACIP). Because ACIP guidelines also include the varicella, haemophilus influenza type B, and pneurnococcal vaccines, these vaccines will be required in addition to those vaccines specifically named in the statute.

    3. Blanket Waivers Under Sections 212(g)(2)(A) and (B) of the Act. As stated in the January 17 wire, blanket waivers have been authorized under section 212(g)(2)(A) and (B) of the Act in cases where: (A) the alien presents documents for those vaccines that were initially lacking; or (B) the civil surgeon or panel physician certifies, in accordance with regulations presented by the Secretary of Health and Human Services (HHS), that the vaccination would not be medically appropriate. Neither a form nor a fee is required.

    (A) Civil Surgeon’s Report as the Basis of Determining Blanket Waiver Eligibility. The alien’s medical examination report, Form I-693, must be properly endorsed by the civil surgeon. The Centers for Disease Control and Prevention (CDC) in Atlanta, Georgia, has prepared an addendum to the civil surgeon guidelines, Technical Instructions for the Medical Examination of Aliens in the United States (Technical Instructions). This addendum provides detailed instructions to the civil surgeons on: (1) reviewing the alien’s vaccination history; and (2) determining whether a particular vaccination is not medically appropriate. In addition, CDC has created a special supplement to Form I-693, which will be used until the revised I-693 is published. The civil surgeons will use this supplemental form to record the alien’s vaccination history. Only civil surgeons may complete Form I-693 and the supplemental form to the I-693 created by CDC. The Service, in turn, will use the certification provided on this supplemental form to determine whether the alien should be granted the blanket waiver under section 212(g)(2)(A) or (B) of the Act, or whether the alien will need to apply for an individual waiver under section 212((g)(2)© of the Act for religious/moral reasons. (The section 212(g)(2)(A),(B) and © waiver criteria and processes described in the January 17 wire remain unchanged).

    Item #2 of the supplemental form to the I-693 created by CDC is entitled “Immunization Record.” The first block is the “Vaccine History Transferred From a Written Record.” The four columns under this “Vaccine History” section will be used by the civil surgeon to record the alien’s vaccination history. Civil surgeons have been instructed by CDC to record the date the vaccinations and supplemental boosters (if required) were received, based on the documents supplied by the alien.

    The second block in item #2 is the “Vaccine Given” block. When the alien lacks a certain vaccine, the civil surgeon may administer that vaccine to the alien, or the alien may receive that vaccine from his or her own private physician. Civil surgeons will complete this “Vaccine Given” block to indicate the date the missing vaccine was administered.

    The third block in item #2 is “Completed Series of Fully immune (Check if YES or write date of lab test if immune).” Not every line will require an entry. For example, there are three lines for measles, mumps, and rubella. Sometimes one vaccination is given for measles and rubella together or for all three together. In this case, a single entry may be made for the combined vaccinations. If a vaccination requirement has no entry under this column, the alien will require a waiver in order to proceed with the adjustment of status application (see below). If the answer for each vaccine requirement is “yes” or a date is written indicating the lab test if immune, the alien is in compliance and the civil surgeon will check the appropriate box in the “Results” section in item #3 of the supplement.

    In view of these procedures, Service officers are not likely to encounter many blanket waivers under section 212(g)(2)(A) of the Act. This is because the civil surgeon will endorse the supplement to Form I-693 to reflect that all vaccination records have been reviewed and that: (a) the alien is in full compliance; or (B) the alien lacks certain vaccines because it is not medically appropriate to have them; or © the alien has indicated that noncompliance is because of religious/moral reasons.

    (B) The Missing Vaccination Is Not Medically Appropriate. CDC has determined that a particular vaccination would not be medically appropriate in the following four scenarios: (1) the vaccine is not recommended by the ACIP for the alien’s specific age group; (2) the vaccine is medically contraindicated (e.g. allergies to eggs, yeast, hypersensitivity to prior vaccines, and pregnancy, among other medical reasons); (3) the alien has taken the initial vaccine, but is unable to complete the entire series within a reasonable period of time (e.g., the recommended series of hepatitis vaccines may take as long as 6 months to complete); and (4) the medical examination is not being performed during the flu season (this will only apply to the influenza vaccine, as it is generally given only during the fall (flu) season). (Note: this guidance with respect to “not medically appropriate” applies only to medical exams performed by civil surgeons in the United States. CDC is providing separate instructions to panel physicians abroad, based on the special situation encountered overseas.)

    The fourth block in item #2 of the supplemental form to the I-693 is the “Waiver to be Requested from INS” section, which is entitled “Blanket/Not Medically Appropriate.” There are four separate columns in this block: “Not appropriate age,” “Contraindication,” “Insufficient time interval”, and “Not fall (flu) season.” (As noted above, the “Not fall (flu) season” column applies only to the influenza vaccination requirement.) If any of these four columns are checked by the civil surgeon, Service officers may grant the alien a waiver for the applicable vaccination under section 212(g)(2)(B) of the Act, pursuant to the blanket waiver procedures described in the January 17 wire. Service officers should note that the civil surgeon will also check the appropriate box in the “Results” section in item #3 of the supplemental form to the I-693.

    4. Individual Waivers Under Section 212(g)(2)© of the Act for Religious/Moral Reasons. As stated in the January 17 wire, an alien who believes that compliance with the vaccination requirements would be contrary to his or her religious beliefs or moral convictions may apply for a waiver under section 212(g)(2)© of the Act, in accordance with regulations promulgated by the Attorney General. Blanket waivers are not authorized under section 212(g)(2)© of the Act. When the alien advises the civil surgeon that he or she does not wish to comply with the vaccination requirements because of religious or moral reasons, the civil surgeon will check the appropriate box in the “Results” section in item #3 of the supplemental form to I-693. Aliens seeking a waiver of the vaccination requirements under section 212(g)(2)© of the Act must file Form I-601 and pay the required fee.

    As also stated in the January 17 wire, the Service is still in the process of determining how the waiver requirements under section 212(g)(2)© of the Act should be interpreted, as the plain statutory language refers to “religious belief or moral conviction,” whereas the language in the accompanying Conference Report is more restrictive, and refers to “an active member of a religious faith…” Additional guidance on this issue is forthcoming; however, until the issue is formally resolved, all waiver applications under section 212(g)(2)© of the Act should be referred to HQ Benefits Division, Attention: Sophia Cox, Adjudications Officer, 202-415-5014.

    5. Use of the New Supplemental Form to the I-693 for Adjustment of Status Applicants. CDC will mail the addendum to the Technical Instructions and the supplemental form to the I-693 to the civil surgeons during the week of April 8, 1997. Service officers should continue to accept Forms I-693 dated and signed by the civil surgeon during the period between September 30, 1996, and May 1, 1997, based on the certification provided by the civil surgeon on that form. If the civil surgeon has medically cleared the alien for adjustment of status, the adjustment application may be approved if the alien is otherwise admissible. If, however, the civil surgeon specifically notes on Form I-693 that the alien lacks the required vaccines, then the alien would not be medically cleared for adjustment of status and Form I-693 should be returned to the alien with instructions to return to the civil surgeon for the required vaccination assessment. All Forms I-693 dated and signed by the civil surgeon after May 1, 1997, that are not accompanied by CDC’s vaccination supplement should be returned to the alien. The alien should be instructed to return to the civil surgeon for the required vaccination assessment. HQ will advise the field of any subsequent changes in these transition dates.

    6. Immigrant Visa Applicants. CDC has prepared separate medical guidance for the panel physicians, and a special supplement to the medical report issued overseas, Form OF-157. DOS will have panel physicians transition to the use of the new Addendum in May or June, depending on when the instructions reach them. As stated in the January 17 wire, the Service will not readjudicate the decision of the consular officer to issue the immigrant visa, and will accept the medical findings of the panel physician as evidence that the alien has been medically cleared for an immigrant visa.

    In all cases, Service officers at the Port-of-Entry should continue to rely on the medical report accompanying the immigrant visa. In accordance with established procedures, any alien who appears to the inspecting officer to be inadmissible on any medical-related ground described in 212(a)(1)(A) of the Act should be referred to the U.S. Public Health Service.

    k1 interview drug question

    in US Embassy and Consulate Discussion

    Posted

    I have read on Immigrate 2 US that CDJ DOES ask about drug use and that the admission of "experimentation" during youth HAS resulted in problems. One woman posted the story of her husband - he admitted to having smoked pot as a teenager and that he occasionally drinks. As a result, the medical exam doctor branded him a "drug user" and alcoholic and he needed a waiver or some kind of additional paperwork to get around this.

    HI GUYS, THEY DO ASK ABOUT DRUGS USE ON THE MEDICAL, YEAH KIT KAT I HEARD ABOUT THAT CASE TOO, I MEAN YEAH THEY ASK YOU ABOUT THE USE OF DRUGS , LIKE FOR EXAMPLE THEY ASK ME IF I SMOKE, I USED TO BUT NOT ANYMORE SO I SAID NO, SHE DIDN'T SAY "HAVE YOU EVER.....", SO I THINK IS PERSONAL DECISION THE WAY YOU ANSWER. THAT'S WHAT I THINK ;);)

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