What Are Some Of The Updates By USCIS Or Immigration On COVID-19 Vaccine Requirements For The Medical Exam As It’s Part Of The Adjustment Of Status?
As of October 1st, 2021, the USCIS issued an addition onto the medical exam I-693 form. On that particular form, there is now a requirement that an individual receive their COVID-19 vaccine shot before they can proceed to their adjustment of status interview.
When you schedule a medical exam with a civil surgeon, you will need to make sure to bring your vaccine card as evidence of the fact that you have been vaccinated. On the I-693 form, there is an entire section which is now directed towards the COVID-19 vaccine requirement and the verification of a person’s vaccination status.
Could Simple, Law-Abiding, and Responsible People Still Find That They Might Be Considered Inadmissible To The United States Under The Green Card Process Or Is Admissibility Just Related To Serious Criminals Or Other Persuaded Threats To The US?
Outside of criminal history, there are many grounds of inadmissibility that an individual may find themselves in that would create an obstacle during the process of their adjustment of status for a green card.
According to the United States Code (found at section INA212(a)(ii)), there is a list of all of the current legal grounds for inadmissibility. These include all forms of inadmissibility, including those outside of criminal context. Some of those grounds of inadmissibility are as listed below:
- Health-related Inadmissibility: As a part of your green card application, you will be required to go through a medical examination. If the medical exam shows that you have a health problem, it could impede your ability to receive a green card until the health concern has been resolved. These health issues may include things such as: drug addiction or abuse, or any kind of illness or disease that is a concern of public significance. Generally, these health problems are a concern of public significance when they are highly transmissible, such as cases of active tuberculosis.
- Public Charge: A public charge is a person who, either by reason of insanity, disease, or disability, would become a ward of the public, or a charge to greater society. This is particularly the case for those who would need the assistance of social services such as: income maintenance, public cash assistance, or long-term, government-funded, institutional care.
- Fraud Or Misrepresentation: Situations of fraud or misrepresentation may consist of something as minor as a misunderstanding in the course of the initial consular interview, or as extreme as intentional misrepresentation of the truth.
For example, if a person in their initial interview with the consulate office misunderstood the question that was asked of them, it may appear that they were attempting to mislead or be evasive. If, later on, they are attempting to acquire a green card through an adjustment of status, it may be possible for the USCIS to review that initial interview and interpret that misunderstanding as an attempt at fraud or misrepresentation.
While these are the most common grounds for inadmissibility outside of a criminal context, they are not the only reasons why a person would be denied an adjustment of status. There are many other grounds for inadmissibility that are legally recognized and make it more difficult to obtain a green card than it may need to be. Speaking to an attorney is the best way to gain insight into your situation and learn more about your options.
What Is A Waiver Of Inadmissibility Available To Some Green Card Applicants?
If an individual is determined as inadmissible, there are two types of waivers that they may apply for in order to waive that ground of inadmissibility so they may be able to proceed with their green card application.
One available waiver is a 601A. These applications may waive unlawful presence. Instances where this may apply to you could be:
- If you are in the United States and your only legal violation is that you came to the country unlawfully.
- If you came to the United States on a visa, then overstayed, and therefore you have accumulated unlawful presence.
The other type of waiver available to file is a 601 waiver. 601 waivers help to address several types of grounds of inadmissibility including: health-related grounds; certain criminal grounds of inadmissibility; fraud and misrepresentation; and, in certain contexts, smuggling.
The criteria by which the USCIS determines whether you are able to have your waiver approved can differ case-by-case. Very often, the USCIS assesses the hardship of not the applicant, but their qualifying relatives.
Depending on which grounds of inadmissibility you fall under, there are certain individuals who would be considered as qualifying relatives. These relatives could be a US citizen spouse or parent(s), or occasionally your children or spouse with a green card. The hardship present generally has to be in connection to these relatives — that in the event you are not able to waive grounds of inadmissibility and get your green card in order to stay with your family, it would be a cause of misfortune to them.
For more information on Immigration Law, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 532-5666 today.