Where to file I-601 Religious Waiver after getting RFE for I-693

[Murphy C 2]

After reading the Policy Manual for Vaccination Waiver on USCIS website (https://www.uscis.gov/policy-manual/volume-9-part-d-chapter-3#footnote-12) I am still confused on whether

- I should submit the 601 form to the same office that is already reviewing my case and Requested I-693 Medical Report

- or centrally to the Dallas office that is for people Pending I-485

 

I want to once again remind that;

I am already in US,

applied for Adjustment of Status more than 2 years ago and submitted Medical together with my app at the time,

recently received notification that my case being reviewed,

and a few weeks later received RFE for Medical (693) since previous one is expired

now that I have the new Medical Exam Report, I still couldn't make sure if I should submit my 601 waiver application to the same office that requested the 693 Report or to one of the central locations, in my case Dallas which is for pending 485 AOS? 

 

Because what I understand from the language and description used in Policy Manual, is that same officer who review my Medical Examination also will review my 601 waiver application. Attaching the text below. Use of "the officer" in the text makes me think it is the same person(officer) who reviews Medical Report will also review 601 application and form should be submitted to that same officer who made the RFE request... Thoughts?

 

This is the text in the manual https://www.uscis.gov/policy-manual/volume-9-part-d-chapter-3

 

E. Waiver due to Religious Belief or Moral Conviction

1. General

If, upon review of the medical documentation, the officer finds that the applicant is missing a vaccine and a blanket waiver is not available, the officer should ask the applicant why the vaccine is missing. The officer may request clarification during an interview or by sending an RFE. 

 

If the applicant indicates that he or she does not oppose vaccinations based on religious beliefs or moral convictions, the applicant may be inadmissible if he or she refuses to obtain the missing vaccine(s). The officer should issue an RFE if the applicant is willing to obtain the vaccine.

 

If the applicant indicates that he or she opposes vaccinations, the officer should inform the applicant of the possibility of the waiver. The officer should explain the basic waiver requirements for a religious belief or moral conviction waiver, as outlined below. The officer should, at that time, issue an RFE^[13] for the waiver application. 

Upon receipt of the waiver documentation, the officer should proceed with the adjudication of the waiver.

[SalishSea 17,801]

22 hours ago, Murphy C said:

After reading the Policy Manual for Vaccination Waiver on USCIS website (https://www.uscis.gov/policy-manual/volume-9-part-d-chapter-3#footnote-12) I am still confused on whether

- I should submit the 601 form to the same office that is already reviewing my case and Requested I-693 Medical Report

- or centrally to the Dallas office that is for people Pending I-485

 

I want to once again remind that;

I am already in US,

applied for Adjustment of Status more than 2 years ago and submitted Medical together with my app at the time,

recently received notification that my case being reviewed,

and a few weeks later received RFE for Medical (693) since previous one is expired

now that I have the new Medical Exam Report, I still couldn't make sure if I should submit my 601 waiver application to the same office that requested the 693 Report or to one of the central locations, in my case Dallas which is for pending 485 AOS? 

 

Because what I understand from the language and description used in Policy Manual, is that same officer who review my Medical Examination also will review my 601 waiver application. Attaching the text below. Use of "the officer" in the text makes me think it is the same person(officer) who reviews Medical Report will also review 601 application and form should be submitted to that same officer who made the RFE request... Thoughts?

 

This is the text in the manual https://www.uscis.gov/policy-manual/volume-9-part-d-chapter-3

 

E. Waiver due to Religious Belief or Moral Conviction

1. General

If, upon review of the medical documentation, the officer finds that the applicant is missing a vaccine and a blanket waiver is not available, the officer should ask the applicant why the vaccine is missing. The officer may request clarification during an interview or by sending an RFE. 

 

If the applicant indicates that he or she does not oppose vaccinations based on religious beliefs or moral convictions, the applicant may be inadmissible if he or she refuses to obtain the missing vaccine(s). The officer should issue an RFE if the applicant is willing to obtain the vaccine.

 

If the applicant indicates that he or she opposes vaccinations, the officer should inform the applicant of the possibility of the waiver. The officer should explain the basic waiver requirements for a religious belief or moral conviction waiver, as outlined below. The officer should, at that time, issue an RFE^[13] for the waiver application. 

Upon receipt of the waiver documentation, the officer should proceed with the adjudication of the waiver.

I would recommend you seek the advice of an immigration lawyer with direct, very recent (COVID era) experience in cases of this type.  This isn't a DIY/freebie advice on the internet type deal.

[RosalieS 0]

Hi @Murphy C, thank you so much for sharing your experience, I am in a similar situation and it's been very helpful to hear your experience. Do you have any updates on your waiver? Where did you end up sending it? Also, if you're willing to share, what supporting documents did you send with it? Thank you very much.

[Ontarkie 14,217]

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