As predicted, the Administration has been busy issuing and rescinding immigration-related Executive Orders within the 48 hours following Trump’s inauguration. As also predicted, the newly-reinstalled Executive has also taken less prominent but nonetheless impactful measures within the U.S. Department of Homeland Security (“DHS”) and U.S. Citizenship and Immigration Services (“USCIS”) at an agency-level, measures that may not attract the same fanfare or congressional oversight.
One such measure is the immediate waiver of all COVID-19-vaccine-related requirements for U.S. Green Card Applicants. Since Fall 2021, anyone submitting a Form I-693 Medical Examination in support of a Form I-485 Adjustment of Status Application was required to include evidence that either they had been vaccinated against COVID-19 or that they were exempt from said vaccination for bona fide medical or personal/religious reasons. Now, USCIS’ Form I-485 webpage affirms that the Service will no longer place such requirements on Green Card Applicants and therefore will not issue Requests for Evidence (“RFE”), deny, or otherwise delay a Green Card’s approval for lack of proof of COVID-19 vaccination.
This move is short on details, such as whether the waiver will apply immediately to presently-pending Green Card Applications or if the waiver is prospective. Similarly, it is not clear whether the waiver has been or will be extended to Immigrant Visa Applications pending at U.S. Consulates abroad, though it stands to reason that this extension will come in a matter of time. In any event, we invite you to contact our office should you have any questions regarding your pending Green Card or Immigrant Visa Application.
