Another Vaccine Requirements Thread

[Foreignmiks 28]

Hey Guys -

 

I'm very excited as we finally received our interview date from the Juarez consulate in Mexico after 17 months for K1!

 

The consulate included this in their interview scheduling email to us:

"If you have not obtained a complete series of the COVID-19 vaccination according to the recommended interval, contact U.S. Consulate General Ciudad Juarez through our website to reschedule your appointment for a date following completed vaccination."

 

Is it not possible anymore to waive requirements and travel by land into the US without the COVID vaccine? Is this requirement different at the consulate level?

 

Your help and feedback is greatly appreciated.

[Crazy Cat 41,804]

I don't think you have a choice since the consulate gave you specific instructions.  

[Foreignmiks 28]

2 minutes ago, Crazy Cat said:

I don't think you have a choice since the consulate gave you specific instructions.  

these are my thoughts as well...

[Crazy Cat 41,804]

1 minute ago, Foreignmiks said:

these are my thoughts as well...

Of course, you can contact them and ask.  I would.

[Foreignmiks 28]

I've posted as well in the Mexico regional forum to see if anyone else has experience here. We'll get the vaccine if truly required but we wanted to avoid for the time being if possible.

Just now, Crazy Cat said:

Of course, you can contact them and ask.  I would.

Yes I am going to ask.

[AndiB 677]

On 1/30/2023 at 8:43 PM, Foreignmiks said:

I've posted as well in the Mexico regional forum to see if anyone else has experience here. We'll get the vaccine if truly required but we wanted to avoid for the time being if possible.

Yes I am going to ask.

You'll still need it for AOS. You can't pass the immigration medical without both covid shots

[Irina and Chris 12]

We're in the same situation and hope to find some clarification prior to interview.  Currently awaiting transfer to NVC and estimate another brutal 4-5 month wait for interview... 

 

It's in the news that Vax emergency declaration will be rescinded March 11. 

Will this nullify visa requirement?? 

[MarJhi 958]

8 minutes ago, Irina and Chris said:

It's in the news that Vax emergency declaration will be rescinded March 11. 

Will this nullify visa requirement?? 

I believe it's called the Covid emergency declaration, not the "vax" emergency declaration. Every article I've read on it so far just talks about how ending the declaration on May 11th (not March) would just mean that the covid vaccines will no longer be free of charge. I haven't heard any details about what else would be affected.

[Irina and Chris 12]

3 hours ago, MarJhi said:

I believe it's called the Covid emergency declaration, not the "vax" emergency declaration. Every article I've read on it so far just talks about how ending the declaration on May 11th (not March) would just mean that the covid vaccines will no longer be free of charge. I haven't heard any details about what else would be affected.

 

Yes, well, there hasn't been a specifically named, "Covid emergency declaration", to my knowledge either. You are correct regarding the complete, (or partial), expiration of Executive Order 10294 in May.  My bad, I had the wrong M-month in my head when I typed the query into my phone earlier this morning.

 

Regarding Federal authority to enforce and require a Covid-19 vaccination among foreign immigrants.

There are several executive orders going back to 2014 that pertain.  Among them are;

13295 - https://www.govinfo.gov/link/cpd/executiveorder/13295

13375 - https://www.govinfo.gov/app/details/CFR-2006-title3-vol1/CFR-2006-title3-vol1-eo13375

13674 - https://www.govinfo.gov/app/details/CFR-2015-title3-vol1/CFR-2015-title3-vol1-eo13674

 

13674 is very large. I am currently reading to find how it pertains to a vaccination requirement.  In or around page 498 of the section titled Subchapter F, Part 70 of the Section titled Title 42-Public Health, the section gives authority to the CDC to determine what constitutes a, "quarantinable communicable disease."

 

Searching the CDC database I found this page;

https://www.cdc.gov/immigrantrefugeehealth/panel-physicians/covid-19-technical-instructions.html

 

Also, this CDC page references these Executive orders and also Congressional Code title 42;

https://www.govinfo.gov/content/pkg/USCODE-2011-title42/html/USCODE-2011-title42-chap6A-subchapII-partG.htm

 

The CDC posted above states therein, (I highlighted the important part);

 

"Applicants*, defined in these Technical Instructions as people applying for immigrant or refugee status, as well as non-immigrants (NIVs) who are required to have an overseas medical examination, are medically screened days or weeks prior to travel to the United States (US). Thus, a negative screening for COVID-19 at the time of the medical evaluation does not guarantee the applicant will not have COVID-19 at the time of immigration to the United States.

A combination of vaccination, strategic testing, and routine infection control practices will provide the best protection from COVID-19 for applicants and US communities. These instructions provide requirements for COVID-19 vaccination and testing for applicants. The Instructions in this document are to be followed for COVID-19 when assessing applicants from all countries. These Technical Instructions became effective October 1, 2021, remain in effect, and may be updated periodically.

Visit the Technical Instructions for Panel Physicians webpage for more information about the medical examination for applicants for US immigration.

*Refugees and NIVs, including K-visa applicants are not required to receive the COVID-19 vaccine as part of the immigration medical examination; however, the other components of these Technical Instructions do apply to all applicants."

 

It would seem however, that the code allows exception for all K-Visa applicants however I haven't tracked down the specific subsection of code within Title 42 where this is referenced.  (Going by the CDC blurb above.)

 

All said, as we have seen in the news over the past year+, there is a move on to axe Title 42.  The current administration has come very close, albeit presently in court.  

Should Title 42 suddenly disappear, it may also be that Federal authority to enforce any vaccination originating from a CDC declaration of a, "quarantinable communicable disease" will go with it. Although I'd assumed there will be something to replace it.

 

 

Regarding the other piece of the puzzle, travel requirements for Foreigners to enter the US;

 

Executive Proclamation 10294 of October 25, 2021 - Advancing the Safe Resumption of Global Travel During the Covid-19 Pandemic.  It may be referenced in the Federal registry here;

https://www.federalregister.gov/documents/2021/10/28/2021-23645/advancing-the-safe-resumption-of-global-travel-during-the-covid-19-pandemic

 

Some of this has been rescinded by CDC Proclamation, i.e. dumping testing requirement to fly, getting rid of vax requirement entering by land ;

https://www.cdc.gov/quarantine/fr-proof-negative-test.html

https://www.federalregister.gov/d/2022-01402

https://www.federalregister.gov/d/2022-01403

 

 

So long story short...

I do not believe foreign applicants are required by US law to be vaccinated against Covid as a requirement, qualification for a K-Visa nor to enter the US via a land border. 

I am continuing to research for more clarification, the specific section within title 42 pertaining to the exemption for "Refugees and NIVs, including K-visa applicants".  It is understandable that personnel at embassy level may not be aware of the exemption for K-Visa applicants.  They are likely certainly aware of asylum seekers, refugees, and NIVs exclusion status.  This jibes with accounts I have read here where some say it's a requirement and others say it isn't.  Understandable as the vast majority will travel by air thus required vaxxed under travel policy above.  

 

Would be great to get more opinions, experiences, etc... and nail it all down.  Anyone who has first hand knowledge please post it up!

 

[TreeGreen 5]

I hope this works out for you. I think some people for sure should take the vax, but I do not think it should be a requirement.  The vax mandate is being dropped as requirement by many universities and govt institutions in the country. Hopefully this will be the case for applicants. 

Edited February 1, 2023 by TreeGreen

[Foreignmiks 28]

1 hour ago, Irina and Chris said:

 

Yes, well, there hasn't been a specifically named, "Covid emergency declaration", to my knowledge either. You are correct regarding the complete, (or partial), expiration of Executive Order 10294 in May.  My bad, I had the wrong M-month in my head when I typed the query into my phone earlier this morning.

 

Regarding Federal authority to enforce and require a Covid-19 vaccination among foreign immigrants.

There are several executive orders going back to 2014 that pertain.  Among them are;

13295 - https://www.govinfo.gov/link/cpd/executiveorder/13295

13375 - https://www.govinfo.gov/app/details/CFR-2006-title3-vol1/CFR-2006-title3-vol1-eo13375

13674 - https://www.govinfo.gov/app/details/CFR-2015-title3-vol1/CFR-2015-title3-vol1-eo13674

 

13674 is very large. I am currently reading to find how it pertains to a vaccination requirement.  In or around page 498 of the section titled Subchapter F, Part 70 of the Section titled Title 42-Public Health, the section gives authority to the CDC to determine what constitutes a, "quarantinable communicable disease."

 

Searching the CDC database I found this page;

https://www.cdc.gov/immigrantrefugeehealth/panel-physicians/covid-19-technical-instructions.html

 

Also, this CDC page references these Executive orders and also Congressional Code title 42;

https://www.govinfo.gov/content/pkg/USCODE-2011-title42/html/USCODE-2011-title42-chap6A-subchapII-partG.htm

 

The CDC posted above states therein, (I highlighted the important part);

 

"Applicants*, defined in these Technical Instructions as people applying for immigrant or refugee status, as well as non-immigrants (NIVs) who are required to have an overseas medical examination, are medically screened days or weeks prior to travel to the United States (US). Thus, a negative screening for COVID-19 at the time of the medical evaluation does not guarantee the applicant will not have COVID-19 at the time of immigration to the United States.

A combination of vaccination, strategic testing, and routine infection control practices will provide the best protection from COVID-19 for applicants and US communities. These instructions provide requirements for COVID-19 vaccination and testing for applicants. The Instructions in this document are to be followed for COVID-19 when assessing applicants from all countries. These Technical Instructions became effective October 1, 2021, remain in effect, and may be updated periodically.

Visit the Technical Instructions for Panel Physicians webpage for more information about the medical examination for applicants for US immigration.

*Refugees and NIVs, including K-visa applicants are not required to receive the COVID-19 vaccine as part of the immigration medical examination; however, the other components of these Technical Instructions do apply to all applicants."

 

It would seem however, that the code allows exception for all K-Visa applicants however I haven't tracked down the specific subsection of code within Title 42 where this is referenced.  (Going by the CDC blurb above.)

 

All said, as we have seen in the news over the past year+, there is a move on to axe Title 42.  The current administration has come very close, albeit presently in court.  

Should Title 42 suddenly disappear, it may also be that Federal authority to enforce any vaccination originating from a CDC declaration of a, "quarantinable communicable disease" will go with it. Although I'd assumed there will be something to replace it.

 

 

Regarding the other piece of the puzzle, travel requirements for Foreigners to enter the US;

 

Executive Proclamation 10294 of October 25, 2021 - Advancing the Safe Resumption of Global Travel During the Covid-19 Pandemic.  It may be referenced in the Federal registry here;

https://www.federalregister.gov/documents/2021/10/28/2021-23645/advancing-the-safe-resumption-of-global-travel-during-the-covid-19-pandemic

 

Some of this has been rescinded by CDC Proclamation, i.e. dumping testing requirement to fly, getting rid of vax requirement entering by land ;

https://www.cdc.gov/quarantine/fr-proof-negative-test.html

https://www.federalregister.gov/d/2022-01402

https://www.federalregister.gov/d/2022-01403

 

 

So long story short...

I do not believe foreign applicants are required by US law to be vaccinated against Covid as a requirement, qualification for a K-Visa nor to enter the US via a land border. 

I am continuing to research for more clarification, the specific section within title 42 pertaining to the exemption for "Refugees and NIVs, including K-visa applicants".  It is understandable that personnel at embassy level may not be aware of the exemption for K-Visa applicants.  They are likely certainly aware of asylum seekers, refugees, and NIVs exclusion status.  This jibes with accounts I have read here where some say it's a requirement and others say it isn't.  Understandable as the vast majority will travel by air thus required vaxxed under travel policy above.  

 

Would be great to get more opinions, experiences, etc... and nail it all down.  Anyone who has first hand knowledge please post it up!

 

Thank you for the detailed summary of where things currently stand.

 

It looks like without the experience of someone else attempting to interview at the Juarez consulate without the vaccine we do not know whether it's truly enforced. It would be a dice roll to try without the vax it seems and I'm not sure we are willing to take the chance of our process being delayed any further (will be 20 months already by the time K1 issued should we have no issues). I did write to them through their forms public inquiry and hopefully I'll get clarification on the topic. All the messaging points to it being enforced at this consulate in order to even be issued a K1 visa (which I though shouldn't be the case and why the option to waive at medical exists).

 

My fiance is willing to get the vax if she must to get here but obviously we seek clarification. Hopefully we can get this well in advance to the interview in March.

 

 

[Irina and Chris 12]

3 hours ago, Foreignmiks said:

Thank you for the detailed summary of where things currently stand.

 

It looks like without the experience of someone else attempting to interview at the Juarez consulate without the vaccine we do not know whether it's truly enforced. It would be a dice roll to try without the vax it seems and I'm not sure we are willing to take the chance of our process being delayed any further (will be 20 months already by the time K1 issued should we have no issues). I did write to them through their forms public inquiry and hopefully I'll get clarification on the topic. All the messaging points to it being enforced at this consulate in order to even be issued a K1 visa (which I though shouldn't be the case and why the option to waive at medical exists).

 

My fiance is willing to get the vax if she must to get here but obviously we seek clarification. Hopefully we can get this well in advance to the interview in March.

 

 

Thank you!  I look forward to hearing what the Juarez consulate tells you regarding whether or not they'll require the vax at medical. I have also sent an inquiry to my Senator.  We really do not care to have the jab given the information regarding terrifying side effects that are beginning to come out in the press. 

 

We're at 16 months+ currently and presently awaiting NVC.  We estimate another 4-5 months, so we'll be lucky to get to interview at 20 months, approximately middle May or early April likely.  Best of luck to you!  

 

We are also going through Mexico as we have been able to obtain residency and have lived here since late 2020. Last I heard, Mexico City was the only place that the embassy was conducting K1 interviews.  Has this changed?  

[Lynxyonok 316]

5 hours ago, Irina and Chris said:

So long story short...

I do not believe foreign applicants are required by US law to be vaccinated against Covid as a requirement, qualification for a K-Visa nor to enter the US via a land border. 

I am continuing to research for more clarification, the specific section within title 42 pertaining to the exemption for "Refugees and NIVs, including K-visa applicants".  It is understandable that personnel at embassy level may not be aware of the exemption for K-Visa applicants.  They are likely certainly aware of asylum seekers, refugees, and NIVs exclusion status.  This jibes with accounts I have read here where some say it's a requirement and others say it isn't.  Understandable as the vast majority will travel by air thus required vaxxed under travel policy above. 

First of all, what a great example of thorough research.

 

All I have to add is, Biden has just promised to exit U.S. out of all Covid measures by May. Some good news for those unwilling to participate in vaccination (I'm treading very carefully down the middle here, not expressing support for either option) may be coming.

[Foreignmiks 28]

1 hour ago, Irina and Chris said:

Thank you!  I look forward to hearing what the Juarez consulate tells you regarding whether or not they'll require the vax at medical. I have also sent an inquiry to my Senator.  We really do not care to have the jab given the information regarding terrifying side effects that are beginning to come out in the press. 

 

We're at 16 months+ currently and presently awaiting NVC.  We estimate another 4-5 months, so we'll be lucky to get to interview at 20 months, approximately middle May or early April likely.  Best of luck to you!  

 

We are also going through Mexico as we have been able to obtain residency and have lived here since late 2020. Last I heard, Mexico City was the only place that the embassy was conducting K1 interviews.  Has this changed?  

Good luck to you guys as well!

 

Juarez is processing and conducting K1 interviews again per our experience.

[Irina and Chris 12]

On 2/1/2023 at 9:42 PM, Foreignmiks said:

Good luck to you guys as well!

 

Juarez is processing and conducting K1 interviews again per our experience.

Indeed.  Embassy and consulate website both say K-1 is processed in Mexico City however they also say Juarez is resuming processing "all visa types".  So I'm taking it that the other consulates are not at this time as there hasn't been any similar proclamation. We'll likely be placed in line at Mexico City, which is fine.  I have a Taco place selected to wait it out.... Orinoco is incredible!

 

Also, further news out regarding the vax requirement for foreign travellers via air and sea.  Thomas Massie just introduced legislation that will be likely voted on next week.  Could go either way passed or not, vetoed, or delayed implementing.  But something those farther back in line could have on their radar. 

https://www.congress.gov/bill/118th-congress/house-bill/185?s=1&r=29

 

In it it states, "To terminate the requirement imposed by the Director of the Centers for Disease Control and Prevention for proof of COVID-19 vaccination for foreign travelers, and for other purposes”