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Filed: K-1 Visa Country: Norway
Timeline
Posted (edited)

Just thought I would post this for people who are confused as to whether this applies to those having medicals done at consulates/embassies abroad:

These are the official guidelines for panel and civil surgeons to follow in the US and abroad.

https://www.ecfr.gov/current/title-42/chapter-I/subchapter-C/part-34/section-34.1

This link is referenced from this page on the official USCIS website: https://www.uscis.gov/tools/designated-civil-surgeons/vaccination-requirements and states "CDC is responsible for publishing the Technical Instructions for Civil Surgeons. These documents and the HHS regulations set the requirements for the immigration medical examination and are binding on civil surgeons (See the CDC Vaccination Technical Instructions for Civil Surgeons and 42 C.F.R. Section 34.3)."

 

If you read 34.1 through 34.4 you can clearly see that it does not reference anything about the Covid 19 vaccination any longer and the first page (34.1) states that these medical exam guidelines apply to BOTH a) Aliens applying for a visa at an embassy or consulate of the United States AND d) Aliens applying for adjustment of status. 

 

Specifically, you can reference 34.2 part d2 and part l2, 34.3 part a2, and 34.4 part bii.

image.png.fae5f8f758ea7ded51c6a7a92f6dde3d.png

 

image.png.e65a484d3e9204026e36a69804289739.png

This was the date updated: image.thumb.png.0bcced4137f749fefbebc2614977489d.png

Edited by TeaHallo
More accurate information
Filed: IR-1/CR-1 Visa Country: Japan
Timeline
Posted

Has anyone received a direct confirmation from an embassy/consulate (or at least a reputable immigration lawyer)?

I assume that the consulates will eventually adopt the same policy as the USCIS, but I think that the change may ultimately take some time. My (possibly incorrect) understanding is that the Department of State (DOS), in conjunction with the Centers for Disease Control and Prevention (CDC), oversees the medical examination and vaccination requirements for applicants from abroad, not the USCIS. As of now, the CDC’s Technical Instructions for Panel Physicians still list the COVID-19 vaccination as a requirement for immigrant visa applicants.

From an immigration lawyer's website:

Quote

It is important to note that this policy applies only to adjustment of status applications processed within the United States by USCIS. It does not extend to immigrant visa applicants undergoing consular processing at U.S. embassies and consulates abroad.

Immigrant visa applicants must still meet the medical examination and vaccination requirements, including the COVID-19 vaccine, as outlined by the Centers for Disease Control and Prevention (CDC) and the U.S. Department of State.

 

@TeaHallo
As you indicated with your screenshot, Title 42 was up-to-date as of 1/24/2025. I used their comparison tool, however, and it doesn't appear that any changes have been made to Part 34. (You are correct that it does not have any references about the Covid 19 vaccination, but I don't think it ever did).

 image.png.6c3503d0e1e7fcb3ee441d48dfb9c0ac.png

Filed: IR-1/CR-1 Visa Country: Japan
Timeline
Posted

For clarity, what I'm saying probably doesn't apply to K-1 applicants! I don't believe that K-visa applicants have vaccination requirements to enter the U.S.; they only have requirements when changing status to legal permanent resident status after getting married (which I believe is covered by the new USCIS Covid-19 waiver for "adjustment of status").

Posted (edited)
29 minutes ago, T & R said:

For clarity, what I'm saying probably doesn't apply to K-1 applicants! I don't believe that K-visa applicants have vaccination requirements to enter the U.S.; they only have requirements when changing status to legal permanent resident status after getting married (which I believe is covered by the new USCIS Covid-19 waiver for "adjustment of status").

It's a good idea to get vaccinations and complete DS-3025 exam fully before entering the US on K-1. Getting missing vaccinations and completing I-693 exam is typically a lot more expensive in the US than finishing everything overseas.

Edited by OldUser
Posted

Good news. It means that I am no longer living in forced exile and can return to the US with my Russian wife of 15 years. She had a Green Card but they wanted us reapply from scratch and I couldn't bring her back home without her risking injury and death from the weaponized gene therapy that was called the covid vaccine. 

US Immigrations needs to be totally revamped. There is no sane reason why her Green card is not honored after going through the process once. People who travel and reside in various places often can't keep applying for a permit to re-enter the US with their wives all the time. 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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