Is Covid Vaccination Required to Travel to U.S. with Advanced Parole (K-1 Visa)?

[Visa Journeyer 0]

Hi all,

I am married to a U.S. Citizen (married within 90 days after receiving a K-1 visa), with my I-485 adjustment of status application pending (still waiting for an interview date), and I am currently abroad with advanced parole (I-131 application granted) due to a family health emergency.

Does anybody know if the Covid-19 vaccine requirements for a foreign traveler would apply to me for when I return to the United States by airplane or if I am exempt based on the advanced parole document and/or previously-granted K-1 visa?

My Adjustment of Status application is still pending, so I do not yet have a green card, and will be entering the U.S. based on my Advance Parole card.

Any information anybody could provide on this issue would be greatly appreciated. 

Thanks very much and good luck to all of you on your applications.

 

 

[SteveInBostonI130 3,471]

From what I have read, you are in the "Covered Individual" category because you are not a legal permanent resident and the closest category for you is as a K-1 visa holder:

 

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Immigrants and Other Non-affected Persons

The Presidential Proclamation and CDC’s Amended Order do not apply to immigrants (including Special Immigrant Visa holders). An immigrant is any non-U.S. citizen who has a visa listed in “Immigrant Visa Categories” on the U.S. Department of State’s webpage Directory of Visa Categories; it does not include K nonimmigrant visa holders, who are Covered Individuals (see below).

The Presidential Proclamation and CDC’s Amended Order have no effect on several non-U.S. citizens, including:

• Non-U.S. citizens eligible for asylum;
• Non-U.S. citizens eligible for withholding of removal;
• Non-U.S. citizens eligible for protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
• Non-U.S. citizens admitted to the United States as refugees;
  • Persons with a visa 92 or 93 (Follow-to-Join) status; and
• Non-U.S. citizens granted parole into the United States.

NOTE: Certain categories of non-U.S. citizens, including immigrant visa applicants/holders, refugees, parolees, and asylees, and those seeking to enter the United States by land or sea travel may be subject to separate COVID-19 vaccination requirements. These individuals are advised to consult and become familiar with all applicable U.S. requirements for entry.

For additional information on before, during, and after international travel, visit International Travel to and from the United States.

 

Covered Individuals:

 

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Noncitizens, Nonimmigrants (Covered Individuals)

Noncitizens who are nonimmigrants and seeking to enter the United States by air are required to show proof of being fully vaccinated against COVID-19 before boarding a flight to the United States from a foreign country.

If you are not fully vaccinated against COVID-19, you will NOT be allowed to board a flight to the United States, unless you meet the criteria for an exception under the Proclamation and CDC’s Amended Order. A booster dose is not needed to meet this requirement.

Categories of noncitizen nonimmigrants that meet the criteria for an exception under the Proclamation and CDC’s Amended Order include:

• Persons on diplomatic or official foreign government travel
• Children under 18 years of age
• Persons with documented medical contraindications to receiving a COVID-19 vaccine
• Participants in certain COVID-19 vaccine trials
• Persons issued a humanitarian or emergency exception
• Persons with valid visas [excluding B-1 (business) or B-2 (tourism) visas] who are citizens of a foreign country with limited COVID-19 vaccine availability (See list for updates effective June 28, 2022)
• Members of the U.S. Armed Forces or their spouses or children (under 18 years of age)
• Sea crew members traveling with to a C-1 and D nonimmigrant visa
• Persons whose entry would be in the national interest, as determined by the Secretary of State, Secretary of Transportation, or Secretary of Homeland Security (or their designees)

If you travel by air to the United States under one of these exceptions, you will be required to attest that you are excepted from the requirement to present Proof of Being Fully Vaccinated Against COVID-19 based on one of the exceptions listed above. Based on the category of the exception, you may further be required to attest that:

1. You will be tested with a COVID-19 viral test 3–5 days after arrival in the United States, unless you have documentation of having recovered from COVID-19 in the past 90 days;
2. You will self-quarantine for a full 5 days, even if the test result to the post-arrival viral test is negative, unless you have documentation of having recovered from COVID-19 in the past 90 days; and
3. You will self-isolate if the result of the post-arrival test is positive or if you develop COVID-19 symptoms.

Depending on the category of the exception, if you intend to stay in the United States for longer than 60 days you may additionally be required to attest that

• You agree to be vaccinated against COVID-19; and
• You have arranged to become fully vaccinated against COVID-19 within 60 days of arriving in the United States, or as soon thereafter as is medically appropriate.

For more information about what each exception category has to attest to, see the attestation.

 

This all is a little convoluted for me, but it seems you do need proof of covid vaccine unless you meet the exception criteria of "persons on diplomatic...travel", "children under 18 years of age", etc.

[Chancy 6,242]

*** Moved from AOS from K1 Visas forum to COVID-19 forum -- topic is about COVID-related travel restrictions ***

 

[Poppy65100 13]

Hey so the medical office told me on the phone last week, you do not need to have all the relevant vaccinations until you apply for adjustment of status. Therefore, you can travel there but you need to have them completed by the time you apply for adjustment of status.

I also read, you're exempt if you have advance parole.