Immigration Corner | Do I have to take the COVID vaccine?

Dear Mrs Walker-Huntington,

My husband is a green card holder in the United States. We got married in August 2023 and he is now planning to file for me.

However, I would like to know, if and when the application is approved, will I have to take the COVID vaccine?

Waiting for your reply.

NK

Dear NK,

Persons applying for an immigrant visa – permanent residency in the United States - are required to take a medical examination prior to their visa interview. This requirement applies whether the intending immigrant is outside the United States or inside and applying for adjustment of status. It is designed to protect the public health of the American people.

The medical examination includes determining if the intending immigrant has been vaccinated against certain diseases. Certain doctors and facilities in the United States and around the world are licensed to conduct the medical examinations, and only reports from those authorised doctors are acceptable. US Citizenship & Immigration Services, in conjunction with the US Centers for Disease Control and Prevention, determines which diseases pose a public health threat to American citizens and consequently what vaccines are required for new immigrants.

The virus that causes COVID-19 is one such public health threat that the US government has determined needs vaccination by new immigrants.

Failure to avail yourself of the required vaccines may lead to the denial of the immigrant visa. There are a few instances where a person can avoid the vaccines:

• You are opposed to all vaccinations in any form – a waiver may not be granted if you only object to specific vaccinations;

• Your objection is based on religious beliefs or moral convictions; and

• The religious or moral beliefs is sincere.

www.uscis.gov

Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a diversity and inclusion consultant, mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com