Immigration Law Questions? Ask an Immigration Lawyer.
Hello, my name is Judith. Thank you for this opportunity to answer your questions.
The law says that anyone who
who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: 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,
Q. Do I have to receive all the vaccines that are on CDC's list and that are age appropriate, although I may have a medical condition that prevents me from receiving the required vaccines? A. If you have a medical condition that prevents you from receiving a vaccine that is appropriate for your age, the civil surgeon will annotate the Form I-693 accordingly and mark the vaccine as contraindicated. A contraindication is a condition that prevents you from receiving a particular vaccine. CDC lists in its Technical Instructions what is considered a contraindication. It is up to the civil surgeon to determine whether you have such a condition that prevents you from receiving a particular vaccine at
What you are seeking is a Health Grounds waiver of exclusion. You are going to have to get a doctor to examine you before you go for your immigration exam who will write a medical opinion that having these vaccinations is a danger to your health and therefore your interests would supercede the health of Americans who could be subject to a communicable disease and create a health crisis in the country.
Judith ,do you mean I have to get examined by a different doctor before I get examined by the authorized surgeon for the immigration medical?
or can I tell the immigration medical exam doc. about my condition before he starts to do the exam?
This is a huge thing.
You need to understand the whole reason why the USCIS requires the vaccinations is to prevent an epidemic like the plague, where masses of the population contracts one of these communicable diseases.
So you are going to have to establish by an independent physician that if you have one or any or all of these vaccinations it would cause you possible death and that the benefit of admitting you to the US as a resident is more important that risking the breakout of an epidemic of one of those diseases to those who live in the US.
So it is a very big deal for you to have to prove to the civil surgeon that your medical history is so fragile that protecting everyone else should be overlooked.
That is the huge burden you face.
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