INS Memo on various Medical Issues

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MEMORANDUM FOR REGIONAL DIRECTORS DEPUTY EXECUTIVE ASSOCIATE COMMISSIONER IMMIGRATION SERVICES DIVISION DIRECTOR OFFICE OF INTERNATIONAL AFFAIRS

This memorandum:

• Addresses the vaccination requirements under section 212(a)(1)(A)(ii) of the Immigration and Nationality Act (Act), and consolidates into one document all guidance issued to date by the Immigration and Naturalization Service (Service).
• Seeks to clarify the requirements for waivers under section 212(g)(2)(C) of the Act based on religious or moral objections to vaccinations. This memorandum does not change the three requirements described in the September 29, 1997, memorandum signed by the Acting Executive Associate Commissioner for Programs; rather it provides additional clarification on how to ascertain the applicant's opposition to vaccinations, distinguish between strong religious/moral objections and mere preference, and ascertain the sincerity of the claimed religious or moral objections.
• Addresses refugees whose application for adjustment of status under section 209 of the Act was denied because of an improper signature by the health department on the vaccination supplement. Affected applicants may file a Motion to Reopen (without fee), with the corrected vaccination supplement in an envelope sealed by the local or state health department.

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