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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28813
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Judith, How does my fiancé obtain a waiver to not have

Customer Question

Hi Judith,
How does my fiancé obtain a waiver to not have vaccines for her and her daughter. She has a strong conviction and moral belief to have these taken. Her daughter is 5 years old and has never been vaccinated. They are from Ukraine.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 2 years ago.
Hello, my name is Judith. Thank you for this opportunity to answer your questions. I have 34 years experience as a licensed immigration attorney.
Are they doing adjustment of status or consular processing? Entering as a K1/2 or K3/4 or CR1 after marriage?
HHS vaccine final rule
• Section 212(g)(2)(C) of the Act which authorizes the granting of a waiver for individuals who establish that compliance with the vaccination requirements would be contrary to their religious beliefs or moral convictions.
(C) Individual Waivers under Section 212(g)(2)(C) of the Act Based on Religious Beliefs or Moral Objections . Section 212(g)(2)(C) of the Act authorizes USCIS to grant a waiver of inadmissibility when the applicant establishes that compliance with the vaccination requirements would be contrary to his or her religious beliefs or moral convictions. (Continue accepting Form I-601 for this purpose, pending approval of the revised forms.) The plain statutory language refers to the alien's "religious beliefs or moral convictions" whereas the language in the accompanying Conference Report is more restrictive and refers to "an active member of a religious faith . . . ." USCIS has taken particular caution to avoid any perceived infringement on personal beliefs and First Amendment rights to free speech and religion. To this end, USCIS has reviewed court decisions on conscientious objection to the military draft, and challenges to State-mandated vaccinations for public school students, and has established the following three requirements:
• The applicant must be opposed to vaccinations in any form . The fact that the applicant has received certain vaccinations but not others is not automatic grounds for denial, depending on the reasons provided for having received them. For example, the applicant's religious or moral beliefs have changed substantially since the date the particular vaccinations were administered, or the applicant is a child who may have already received certain vaccinations under the routine practices of an orphanage. These examples do not limit your authority to consider all credible circumstances and accompanying evidence.
• The objection must be based on religious beliefs or moral convictions . This second requirement should be handled with sensitivity. On the one hand, case law notes that the individual's religious beliefs must be balanced against the benefit of society as a whole. On the other hand, these same cases also note the importance of being mindful that vaccinations offend certain individuals' religious beliefs.
Note 1: It is not necessary for the applicant to be a member of a recognized or mainstream religion. It is not necessary for the applicant to be a member of a specific religion or attend a specific house of worship. By imposing such a requirement, the Government could potentially be perceived as putting a "stamp of approval" on some religions or religious beliefs but not others. Note also that the plain language of the statute refers to religious beliefs or moral convictions.
Note 2: It is necessary to distinguish between strong religious/moral objections and mere preference. The analysis of exactly what constitutes a religious or moral objection, as found in cases involving challenges to State-mandated vaccinations for public school students, reveals that a touchstone of a religion is present where a believer will categorically disregard elementary self-interest rather than transgress religious tenets. Consequently, the applicant has the burden of establishing a strong objection to va ccinations that is based on religious or moral beliefs, as opposed to a mere preference against vaccinations. By means of a sworn statement, the applicant should state exactly what those religious beliefs or moral objections are and establish how such beliefs would be violated or compromised by complying with the vaccination requirements.
• The religious or moral beliefs must be sincere . To protect only those beliefs that are held as a matter of conscience, sincerity analysis seeks to determine the subjective good faith of an adherent. Even if these beliefs accurately reflect the applicant's ultimate conclusions about vaccinations, they must stem from religious/moral convictions, and must not have been framed in terms of a particular belief so as to gain the legal remedy desired, i.e. , a waiver under section 212(g)(2)(C) of the Act. While an individual may ascribe his or her opposition to vaccinations to a particular religious belief or moral conviction that is inherently opposed to vaccinations, the question then turns to whether that claimed belief or moral conviction is truly held, i.e. , whether it is applied consistently. This may be established through the sworn statement submitted by the applicant. Additional corroborating evidence, if available and credible, may also be considered.
(4) Waiver notations .
(A) Immigrant visa applicants . If the applicant is otherwise admissible, the consular officer will stamp the waiver field in the upper right-hand corner of the immigrant visa, Form OF 155A, with the notation "212(g)(2)(A), (B), or (C)," as applicable. Note that the Attorney General has delegated to the Department of State the authority to grant waivers under section 212(g)(2)(A) and (B) of the Act, based on the panel physician's certification on the vaccination supplement to Form OF 157.
Customer: replied 2 years ago.
Consular processing
Her appointment is July 30 in Kiev
Customer: replied 2 years ago.
Change of status will be after she arrives and we get married
Expert:  Judith Ludwic replied 2 years ago.
Do you mean she is getting a K1 and daughter K2?
Customer: replied 2 years ago.
Yes. I am helping her file K1 and K2 (daughter). As of now, she does not want to take vaccinations because it truly is against her moral beliefs. Her daughter has never taken any vaccinations. Her biggest issue right now is the Mantoux (TB test). I was looking the same information you had already sent but there is no link to obtain the waiver for vaccinations. Is there somewhere else we can get the form? I understand that tourist visas don't require vaccinations. She would have tried this method? As of now we have already taken steps for K1 and K2. Please assist.Thank you,
Expert:  Judith Ludwic replied 2 years ago.
See page 10 of I-601 filing fee is $585Here is the direct filing information"USCIS Phoenix LockboxFor U.S. Postal Service:USCISP.O. Box 21600Phoenix, AZ 85036For Express Mail and Courier Deliveries:USCISATTN: 601/212 Foreign Filers1820 E. Skyharbor, Circle S, Suite 100Phoenix, AZ 85034Applicants residing in Cuba may choose to file at the USCIS Havana Field Office or at the address above.To request processing by a USCIS international office due to exceptional and compelling humanitarian reasons, please review the information about the exceptions to domestic filing is located on the USCIS website is filed only after the consul refuses the visa based on the lack of vaccinations. This will expectedly cause further delay.I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face, but more importantly, I want you to come back to the site for all your answers from over a 100 categories of experts!In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith
Expert:  Judith Ludwic replied 2 years ago.
May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. I feel I have failed you. Please tell me what additional information would be helpful.

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