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U.S. Department
of State on Vaccination Requirements
Prior to May 1998
The
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA)imposed
vaccination requirements on all immigrants and those seeking adjustment
of status. The State Dept. issued a letter in April 1997 to all panel
physicians regarding the new requirements and any exemptions of the vaccination
requirements.
A new subsection
in the IIRAIRA requires any applicant who seeks an immigrant visa to show
proof of having received vaccination against certain vaccine-preventable
diseases.
Panel physicians
who conduct medical examination on behalf of immigrant visa applicants
are now required to verify that immigrant visa applicants have met the
new vaccination requirement, or that it is medically inappropriate for
the visa applicant to receive one or more of the listed vaccinations:
Mumps, Measles,
Rubella, Polio, Tetanus And Diphtheria Toxoids, Pertussis, Influenzae
Type B (HIB), Hepatitis B, Varicella, Pneumococcal, and Influenza.
In order
to assist the panel physician, and to avoid delays in the processing of
an immigrant visa, all immigrant visa applicants should have their vaccination
records available for the panel physicians review at the time of the immigrant
medical examination. Visa applicants should consult with their regular
health care provider to obtain a copy of their immunization record. If
one is available, if you do not have a vaccination record, the panel physician
will work with you to determine which vaccinations you may need to meet
the requirement. Certain waivers of the vaccination requirement are available
upon the recommendation of the panel physician.
Only a physician
can determine which of the listed vaccinations are medically appropriate,
given the age, medical history and current medical condition of the applicant.
Congress
also amended IIRAIRA to allow the alien to apply for a waiver if:
(1) the alien
receives the vaccines that were initially missing; (2) the vaccine(s)
would not be medically appropriate; or (3) compliance with the vaccination
requirement would be contrary to the prospective immigrant's religious
beliefs or moral convictions.
©
The
Law Office of Sheela Murthy, P.C.
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