INS on Orphans Vaccines

Memorandum For: Regional Directors
District Directors (including foreign)
Officers in Charge (including foreign)
All Port Directors
Director ODTF-Glynco

From: Office of Adjudications

Subject: Vaccination Exemption for an Orphan Child Applying for an Immigrant Visa Abroad

Please ensure that adjudications officers are aware of the information contained in this memorandum.

On November 12, 1997, the President signed into a law a bill amending section 212(a)(1)(A)(ii) of the INA to create INA 212(a)(1)(A)(ii)(C), which exempts internationally adopted children 10 years of age or younger from the immunization requirements. The adopting parent(s) must sign an affidavit affirming that the child will receive the required vaccinations within 30 days of admission to the U.S. or at the earliest time that is medically appropriate. This exemption covers children 10 years old or younger classified as orphans under INA 101(b)(1)(F) who are applying for immigrant visas as immediate relatives under INA 201(b). The affidavit must be signed prior to visa issuance. Noncompliance with the vaccination requirements following the child’s admission to the U.S. is not a ground for removal.

Please note, in accordance with this amendment, only orphans whose adoptive or prospective adoptive parents have signed an affidavit will be exempt from the vaccination requirement. If the adopting parent(s) prefer that the child meet the vaccination requirement as part of the visa application process, the child may benefit from a 212(g)(2)(B) waiver for those vaccinations which the panel physician determines are medically inappropriate. This procedure has been delegated to the Department of State and a consular officer can grant the waiver. Neither a form nor fee is required.

The Department of State is developing a standard affidavit form to ensure that adopting parents are aware of the possibility of an exemption from the vaccination requirement provided by this new bill, and of their obligation in vaccinating their child. The affidavit must be made under oath or affirmation in the presence of either the consular officer or a notary public, and the completed form must be included with the OF-157 medical examination form when the immigrant visa is issued.

On an interim basis, pending the availability of the form, the Department of State has instructed its consular officers to prepare locally a standard affidavit. A sample is attached for your information.

In situations where the adoptive or prospective adoptive parent(s) object to the child receiving vaccinations on religious or moral grounds, the applicant will require an individual 212(g)(2)(C) waiver from INS. When the waiver application is for a child, the child’s parent must satisfy the waiver requirements. Applicants for waivers under INA 212(g)(2)(C) must show that: (1) they are opposed to vaccinations in any form; (2) the objective 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 “mainstream” religion) is sincere. Aliens seeking a waiver of the vaccination requirements under section 212(g)(2)(C) of the Act must file Form I-601, Application for Waiver of Grounds of Excludability, and pay the required fee.

This memorandum has the concurrence of HQ Office of Field Operations.

Jacquelyn A. Bednarz
Acting Assistant Commissioner

Attachment

AFFIDAVIT BY ADOPTIVE PARENT OR PROSPECTIVE ADOPTIVE PARENT

I, ___(name)_______, certify that I am the adoptive parent/prospective adoptive parent of a child, (___name of child___), on whose behalf I have filed or will file a Form I-600, Petition to Classify Orphan as an Immediate Relative according to said child status as an orphan as defined by section 101(b)(1)(F) of the INA.

I am aware of the vaccination requirement set forth in section 212(a)(1)(A)(ii) of the Immigration and Nationality Act. In accordance with section 212(a)(1)(A)(ii), I will ensure that my foreign adopted or prospective adoptive child receives the required and medically appropriate vaccinations within 30 days after his or her admission into the U.S., or at the earliest time that is medically appropriate.

Signed this ___(date)____ of ___(month), (year), at ___(location)_____.

_______________

Signature of parent

Subscribed and sworn to (or affirmed) me before this __(date)___ of ___(month), (year), at __(location)____. My commission expires on (date)_.

_______________

Signature of Notary Public or Officer Administering Oath.