Change of Filing Location for Form I-824, Application for Action on an Approved Application or Petition

USCIS Update Feb. 19, 2010

Change of Filing Location for Form I-824, Application for Action on an
Approved Application or Petition

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced revised filing
instructions and addresses for applicants filing Form I-824, Application for Action on an Approved
Application or Petition. The new form is dated 12/11/09. The changes are part of an overall effort to
transition the intake of benefit forms from USCIS local offices and Service Centers to USCIS Lockbox
facilities. Centralizing form and fee intake to a Lockbox environment allows USCIS to provide
customers with more efficient and effective initial processing of applications and fees.

Beginning February 19, 2010, applicants must file Form I-824 with a USCIS Lockbox facility, based on
which Service Center or local office approved their original petition or application. Detailed guidance is
available in the updated Form I-824 instructions.

USCIS Service Centers will forward all Form I-824 applications to the Lockbox facility for the next 30
days. After March 21, 2010, the Service Centers will return any incorrectly filed Form I-824 applications
with instructions to send the application to the correct location.

When filing Form I-824 at a USCIS Lockbox facility, applicants may elect to receive an email and/or text
message notifying them that USCIS has accepted their application. To receive notification, applicants
must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the
first page of their application.

For more information on USCIS programs, visit www.uscis.gov or call the National Customer Service
Center at 1-800-375-5283.

– USCIS –

AILA InfoNet Doc. No. 10022261. (Posted on 2/22/10).

Criminal Alien Program

Immigration Enforcement in Travis County Texas by Andrea Guttin

Click here to download PDF

Substance Use, Health-Related Inadmissibility and Waivers

By Andrew J. Stevenson*

The apprehension in the silence on your client’s end of the phone is palpable. His
case initially seemed straightforward, even predictable, to you. But then something
unexpected happened at the medical examination.

He explains: “Well… um… the doctor really focused in on some questions when
I went in. A couple of months back, I was at my neighbor’s, and there were some drugs
there. When the doctor asked if I had ever done illegal drugs, I said, ‘well, not me, but I
was at my neighbor’s, you know, this party, and I didn’t do any but they were there
around me. Since I didn’t do any, they shouldn’t show up on any test, but I was right
there, so…’ The doctor asked me again if I had ever done any drugs, and I said, ‘well,
yeah, not that time, but I did just try marijuana a couple of times. That was about a year
ago, though; since then, never again, and I never got charged or convicted of anything. Is
this going to be a problem for my case???”

The short answer for this client is: yes, it could be a problem and it may even
result in denial of his case. In fact, any applicant for U.S. immigration benefits who has
even a minor history of substance use may be subjected to scrutiny upon consular
processing of their visa or adjustment of status. This is not only limited to applicants
who have a history of drug use, but may also include applicants who have struggled with
alcoholism. DOS and USCIS have also recently increased scrutiny on applicants with a
history of arrests or convictions for alcohol-related offenses, including Driving Under the
Influence (DUI).

click here for more

Immigration Q and A on Vaccines by Thomas Esparza

January 5, 2010

Vaccination Requirements

Introduction
These Questions and Answers provide basic information about the general vaccination requirements for immigrants (including individuals seeking adjustment of status), and specifically about the assessment made by the civil surgeon to determine whether an applicant meets the vaccination requirements. These Questions and Answers do not address the vaccination assessments conducted by panel physicians overseas.
For refugees only, health departments may be considered a civil surgeon for purposes of completing the vaccination record.
Background
Under the immigration laws of the United States, a foreign national who applies for an immigrant visa abroad, or who seeks to adjust status to a permanent resident while in the United States, is required to receive vaccinations to prevent the following diseases:
 Mumps

Measles

Rubella

Polio

Tetanus and Diphtheria Toxoids

Pertussis

Influenza Type B

Hepatitis B

Any other vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices
T
he Advisory Committee for Immunization Practices (ACIP) is an advisory committee to the Department of Health and Human Services (HHS)/Centers for Disease Control and Prevention (CDC) that recommends immunizations for the general U.S. population. Starting Dec.14, 2009, when the ACIP recommends new vaccines for the general U.S. population, CDC will assess whether these vaccines should be required for immigration purposes on a regular and on an as-needed basis according to specific criteria set by CDC.
CDC is responsible for publishing the Technical Instructions for the Medical Examination of Aliens in the United States. These documents set the requirements for the immigrant medical examination and are
binding on civil surgeons. The Technical Instructions include a vaccination component, specifying how
the civil surgeon has to conduct the vaccination assessment. The civil surgeon records the results of the
medical examination, including the results of the vaccination assessment, on USCIS Form I-693, Report
of Medical Examination and Vaccination Record.
If a foreign national applies for an immigrant visa abroad, that individual has to receive the medical
examination by a panel physician designated by the U.S. Department of State (DOS). CDC issues
separate instructions to panel physicians designated by DOS to conduct medical examinations abroad. For
more information about panel physicians, please consult DOS’ website at

http://travel.state.gov/visa/immigrants/info/info_3739.html.

Questions and Answers
Q. Where can I find information about vaccinations in general?
A. CDC publishes information about vaccinations in general and information about the vaccine
requirements for immigration purposes at http://www.cdc.gov/vaccines/.
Q. Why do immigrants and adjustment of status applicants have to show proof they have received
certain vaccinations?
A. In 1996, Congress provided in legislation that every immigrant entering the United States, or every
individual seeking adjustment of status to that of a legal permanent resident, show proof that he or she
was vaccinated against vaccine-preventable diseases. The text for this requirement is in the Immigration
and Nationality Act (INA), section 212(a)(1)(A)(ii).
Q. How does the CDC decide which vaccines are required for immigration purposes?
A. Some of the vaccines that are required are specifically listed in the INA. In addition to these, the
statute also requires that an individual receive any other vaccinations recommended by the ACIP. CDC
uses the following criteria in determining which of these recommended vaccines should be required for
immigration purposes:
 The vaccine must be an age-appropriate vaccine as recommended by the ACIP for the general
U.S. population, and
 At least one of the following:
 The vaccine must protect against a disease that has the potential to cause an outbreak; or
 The vaccine must protect against a disease eliminated in the United States, or is in the
process of being eliminated in the United States.
Q. I am seeking immigrant status in the United States but had a medical examination abroad by a
panel physician; I also received some vaccines. Do I have to repeat the medical examination and get
the vaccines again?
A. Please read the instructions to Form I-693 to determine if you must repeat the medical examination,
including the vaccination assessment, based on your current status in the United States.
Q. How do I know which vaccines are required for immigration purposes?
A. A civil surgeon is required to follow the Technical Instructions for the Examination of Aliens in the
United States, including the 2009 Technical Instructions to Civil Surgeons for Vaccinations, and any
updates published online. CDC publishes the vaccination requirements and medical examination
instructions (including a detailed table listing all required vaccines) at

http://www.cdc.gov/immigrantrefugeehealth/exams/ti/civil/vaccination-civil-technical-instructions.html

Q. Do I have to receive all the required vaccines, even though I have been vaccinated before? A. No. The civil surgeon will review your vaccination records at the time of your medical examination to see whether you have proof of earlier vaccinations against vaccine-preventable diseases that are appropriate for your age category. It is important that you take any written vaccination documentation you may have to the civil surgeon when you have your immigration medical examination.
If you lack any vaccinations required for your age category, the civil surgeon will administer the vaccines as needed. In the alternative, you can also choose to obtain the required vaccines from your private healthcare provider. However, because only a civil surgeon is authorized to complete the vaccination assessment on the Form I-693, you must return to the civil surgeon with the proof that you have received the missing vaccines.
In addition, some individuals are immune to vaccine-preventable diseases, and they know of the immunity because their private healthcare provider has tested them. If you have any written evidence of immunity, you should take this documentation to your civil surgeon. This will enable the civil surgeon to determine which vaccines you need to receive.
Q. Do I have to receive all the vaccines on CDC’s vaccination list for the immigrant population, or only the ones that are age appropriate? A. You are required to document receipt of vaccines that are age appropriate for you. The civil surgeon will annotate Form I-693 to indicate that you were not required to receive a particular vaccine because it was not age appropriate at the time of the medical examination.
Q. Do I have to receive all the vaccines that are on CDC’s list and that are age appropriate, although I may have a medical condition that prevents me from receiving the required vaccines? A. If you have a medical condition that prevents you from receiving a vaccine that is appropriate for your age, the civil surgeon will annotate the Form I-693 accordingly and mark the vaccine as contraindicated. A contraindication is a condition that prevents you from receiving a particular vaccine. CDC lists in its Technical Instructions what is considered a contraindication. It is up to the civil surgeon to determine whether you have such a condition that prevents you from receiving a particular vaccine at the time of the immigration medical examination.
Q. Certain vaccine series can only be completed with multiple visits to the civil surgeon. Am I required to complete the entire series before the civil surgeon can sign the Form I-693? A. You are only required to receive a single dose of each vaccine when you visit the civil surgeon. You are encouraged to follow up with your private health care provider to complete the series. Once you have received the single dose appropriate at the time, the civil surgeon can sign and certify the Form I-693.
Q. I am pregnant and do not wish to receive any vaccinations. Do I still have to get them to be able to obtain permanent resident status in the United States? A. If you are pregnant, the CDC’s Technical Instructions direct the civil surgeon how to evaluate the vaccines you are able to receive during pregnancy. If the civil surgeon cannot safely administer a required vaccine, he/she will annotate the Form I-693 by marking the vaccine as contraindicated. See link to the right for information on pregnancy and vaccinations in general.
Q. Can the civil surgeon safely administer all vaccines that are required all at once? A. The civil surgeon will let you know if you can receive all the vaccines at once, or if there is a concern based on your particular medical condition that will not allow you to receive all required vaccines at once.
Q. When does the flu season start for purposes of the seasonal flu vaccine requirement? Since the seasonal flu vaccine is required, do I have to get the seasonal flu vaccine if it is not the flu season? A. For purposes of the immigration medical examination, the flu season starts on October 1 and ends on March 31 each year. If your immigration medical examination is during this period, you are required to have the seasonal flu vaccine. If you have an immigration medical examination completed between April 1 and September 30, when it is not the flu season for immigration purposes, you are not required to document that you have received the seasonal flu vaccine.
Q. I heard that the vaccine against herpes zoster (zoster) and the Human Papillomavirus (HPV) are required vaccines. Is this true? A. From Aug. 1, 2008, until Dec. 13, 2009, the zoster and the HPV were required vaccines for immigration purposes. However, the zoster vaccine was not available from Aug. 1, 2008, through Dec. 13, 2009, and USCIS posted a message on the Web to inform civil surgeons they could annotate the vaccination record with “not available” if they were not able to obtain the vaccine. In 2009, CDC changed the vaccination requirements based on ACIP’s recommendations. As of Dec. 14, 2009, the zoster and the HPV vaccine were no longer required.
Q. I had my immigration medical examination before Dec. 14, 2009, before the zoster and HPV vaccines were eliminated. I was required to have one of them, but did not receive it. My Form I-693 says that I refused to have the HPV or zoster vaccine. Will my I-693 be returned or my application denied? A. On Dec. 14, 2009, vaccines against herpes zoster (zoster) and HPV are no longer required. It is irrelevant that you did not receive either the zoster or the HPV because beginning on Dec. 14, 2009; you are no longer inadmissible solely because you did not have the vaccine. USCIS will not return your Form I-693, nor will it deny your application because you did not receive the vaccine.
Q. Who pays for the vaccinations? A. The applicant is responsible for paying the appropriate fee for all vaccinations directly to the civil surgeon, as agreed upon with the civil surgeon. You should ask about the price of the vaccinations before the medical examination or the administration of the vaccinations.
Q. Can I be forced to be vaccinated for immigration purposes? A. If you refuse to receive the vaccines required for immigration purposes, as mandated by the immigration laws of the United States, your application for legal permanent resident status may be denied.
Q. What will happen if I refuse to receive one or all of the required vaccines? A. Tell the civil surgeon if you do not wish to receive the required vaccines or a particular vaccine. You should also tell the civil surgeon the reason you do not wish to receive the vaccine(s). In this case, a waiver may be available to you, but only under the following circumstances:
 You are opposed to vaccinations in any form– that is, you cannot obtain a waiver based on an objection only as to one vaccination

Your objection must be based on religious beliefs or moral convictions; and

The religious or moral beliefs must be sincere.
T
he form used to apply for a waiver depends on the adjustment category under which you are seeking legal permanent residence status. For example, refugees and asylees seeking adjustment of status should file Form I-602, Application by Refugee for Waiver of Grounds of Excludability. Individuals seeking adjustment of status as a result of an approved Form I-130, Petition for Alien Relative, or Form I-140,
Immigrant Petition for Alien Worker, would file Form I-601, Application for Waiver of Grounds of Inadmissibility.
Q. My civil surgeon says that a vaccine is currently not available. What should I do? A. Ask the civil surgeon whether another health care provider may have the vaccine. If another physician or department or pharmacy carries the vaccine and can administer the vaccine, you should get the vaccine and request documentation that you have received the vaccine. Bring the written record back to the civil surgeon so that s/he can complete the Form I-693.
HHS/CDC monitors which vaccines are not available in the United States, or which vaccines may experience a shortage. If CDC determines there is a nation-wide shortage of a vaccine, it will recommend to USCIS to post a message on www.uscis.gov to explain to applicants and civil surgeons whether the vaccine is required and under what circumstances. The information is available on USCIS’ Form I-693 page, the Immigration Medical Examination page, or the Designated Civil Surgeon page.
Q. Will USCIS accept a Form I-693 if the vaccination chart is incomplete? A. No. The vaccination chart should have at least one entry in each row for each vaccine. If the vaccination chart is not properly completed at the time of the medical examination, USCIS may return the Form I-693 to you with instructions on how to correct it.
If you refuse a vaccine because of religious or moral reasons, the civil surgeon will mark this on the Form I-693. In this case, you will have to apply for a waiver.
Q: Where can I find more information about the vaccination requirements for immigration purposes and how these requirements affect the completion of Form I-693? A. CDC publishes the Technical Instructions including the vaccination component http://www.cdc.gov/immigrantrefugeehealth/exams/ti/civil/technical-instructions-civil-surgeons.html
For more information about the civil surgeon program, the completion of Form I-693, or the adjustment of status application, please visit www.uscis.gov, or call USCIS’ National Customer Service Center at 1-800-375-5283 (TTY 1-800-767-1833).

Immigration HIV Q and A by Thomas Esparza

Human Immunodeficiency Virus (HIV) Infection Removed from CDC List of Communicable Diseases of Public Health Significance

Introduction

These questions and answers only provide information about the change in law made by the Department of Health and Human Services (HHS), Centers for Disease Control and Prevention (CDC) that removed HIV infection from the list of communicable diseases of public health significance.

Background

Section 212(a)(1)(A)(i) of the Immigration and Nationality Act (the Act), bars the admission to the United States of any foreign national who has been diagnosed with certain specific illnesses. The Department of Health and Human Services (HHS), on Nov. 2, 2009, published a final rule in the Federal Register, removing Human Immunodeficiency Virus (HIV) infection from the from the list of illnesses that make a foreign national inadmissible. This rule took effect on Jan 4, 2010. As of Jan. 4, 2010, therefore, having HIV infection will no longer make a foreign national inadmissible to the United States.

For more information about HIV infection in general, please visit the Centers for Disease Control and Prevention (CDC) website at www.cdc.gov

Questions and Answers

Q. I scheduled for a medical examination prior to Jan. 4, 2010 and the HIV screening showed that I am HIV positive. What will happen to my adjustment application if it is adjudicated on or after Jan. 4, 2010? A. USCIS has advised officers to disregard any diagnosis of HIV infection when determining admissibility on or after Jan. 4, 2010. This means that for any final adjudication made on or after Jan. 4, 2010, you will not be found inadmissible for medical reasons just because your record shows that you have HIV infection. Infection with HIV is no longer considered a reason for medical inadmissibility to the United States.
Q. I am HIV positive and I am not eligible for a waiver. Does this change mean I can enter the United States or be granted adjustment of status without a waiver? A. Beginning Jan. 4, 2010, you will not be required to file a waiver just because you are HIV positive. If your case is pending on or after Jan. 4, 2010, a waiver for HIV is not required, even though your medical examination showed that you have HIV infection. Civil surgeons will not test for HIV after Jan. 4, 2010.
Q. I filed a waiver application because I have HIV infection. If USCIS has not adjudicated my case by Jan. 4, 2010, will I receive a refund of my fee for the waiver application? A. No. Because you were inadmissible at the time you filed the waiver application, your waiver was correctly filed. On Jan. 4, 2010, USCIS will administratively close any waiver application pending,
because that individual is no longer inadmissible to the United States. Administrative closure of the
waiver application does not justify refunding the fee.
Q. HIV screening is still shown on the I-693, Report of Medical Examination and Vaccination
Record. Have the civil surgeons been notified that this is no longer required as of Jan. 4, 2010?
A. USCIS notified civil surgeons through local points of contact, an update on our Web site, and through
updates on the CDC Web site.
Q. How are panel physicians, who conduct medical examination of foreign nationals planning to
enter the United States, notified of this change?
A. The U.S Department of State (DOS) regulates panel physicians. For more information about
notification of panel physicians, please contact DOS. Contact information is on DOS’ website (see link to
the right). CDC also provides information to panel physicians on CDC’s website (see link to the right).
Q. My application was denied prior to Sept. 15, 2009, due to failure to file a waiver for HIV
infection. Can I file a motion to reopen or reconsider because a waiver is no longer needed?
A. In general, a motion to reopen or reconsider must be filed within 30 days of the final adjudication.
However, if your application was denied solely based on HIV infection, on or after July 2, 2009, the date
of the proposed HHS rule, USCIS will waive the 30 day deadline. USCIS will accept the filing of your
motion to reopen or reconsider along with the filing fee.
Q. My application for adjustment of status was denied prior to July 2, 2009, due solely to HIV
infection. What should I do?
A. You may reapply for adjustment of status, if eligible, once the new rule takes effect on Jan. 4, 2010.
USCIS will make a new decision in light of the final HHS rule.
Q. My HIV-positive spouse is processing the immigrant visa through the U.S. consulate overseas.
How will the rule change affect my spouse’s immigrant visa application abroad?
A. As of Jan. 4, 2010, testing for HIV infection is not required as part of the U.S. immigration medical
screening process. For more information on consular processing, visit DOS’ website.
Q. Where can I find information about the HHS rule regarding HIV, and the Technical
Instructions for the Medical Examination of Aliens?
A. For more information about the new rule, or to view the rule in its entirety, please see link to the right.
If you want to look at the Technical Instructions for the Medical Examination of Aliens, either for the
panel physicians abroad, or the civil surgeons in the United States, please visit CDC’s website (see link to
the right).
Q. Where can I find information about the civil surgeon program, the completion of Form I-693, or
adjustment of status?
A. If you have any questions about the civil surgeon program, the completion of Form I-693, or the
adjustment of status application, please visit USCIS’ Web site at www.uscis.gov, or call USCIS’ National
Customer Service Center at 1-800-375-5283 (TTY 1-800-767-1833).

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