DOS Cable on Vaccination Waivers
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
BUJUMBURA POUCH
Unclas State 083590
Visas, Inform Consuls
E.O. 12958: N/A
TAGS: CVIS
Subject: Immigrant Vaccination Requirement: 212(g)(2)(C) Waivers on Religious or Moral Grounds
Ref: (A) 97 State 71637, (3) 97 State 218849
1. Ref (A), which provided guidance on implementing the 212(a)(1)(A)(II) vaccination requirement for immigrant visa applicants, advised posts to report all requests for 212(g)(2)(C) waivers on moral/religious grounds to the Department, pending promulgation of INS regulations on processing such waivers. INS has since issued procedural guidance to its field offices concerning the processing of 212(g)(2)(C) waivers. This message updates Ref (A) guidance concerning 212(g)(2)(C) waivers, and should be retained for future reference.
2. Section 212(g)(2)(C) of the Immigration and Nationality Act, as amended by the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), authorizes the Attorney General to grant a waiver of inadmissibility when the alien establishes that compliance with the vaccination requirements would be contrary to his or her religious beliefs or moral convictions. Unlike 212(g)(2)(A) and (B) waivers, where INS has delegated to consular officers the authority to grant the waiver based on the panel physician's certification, INS must process 212(g)(2)(C) waivers on an individual basis.
3. To qualify for a waiver under 212(g)(2)(C), the alien must show that (1) he or she is opposed to vaccinations in any form; (2) the objection is based on religious belief or moral convictions (whether or not as a member of a recognized religion); and (3) the religious belief or moral conviction (whether or not as part of a recognized religion) is sincere. When the waiver application is for a child, the child's parents must satisfy these three requirements.
4. Applicants who seek a 212(g)(2)(C) waiver are required to complete the I- 601 (application for waiver of excludability), pending release of the I-724 waiver application, which is still in development. As part of their application for a waiver, individuals should provide written evidence that they meet the three requirements. Waivers filed through consular sections should be forwarded to the appropriate overseas INS office for adjudication, with a copy of the receipt indicating payment of fees (currently USD 70).
5. Adoptive or prospective adoptive parents who could otherwise take advantage of the exemption from the vaccination requirement available to IR-3 and IR-4 applicants age ten or under (Ref B), but who have moral/religious objections to vaccinations in general, must seek a 212(g)(2)(C) waiver on behalf of their adopted child. This is because the exemption available to IR-3 and IR-4 applicants is conditioned on the adoptive parent signing an affidavit attesting that the child will receive any required and medically appropriate vaccinations following their arrival in the United States.
6. Posts that have questions concerning 212(g)(2)(C) waivers are welcome to contact CA/VO/F/P.
Talbott