Daca

Hi all

We just got back from London where as expected we were denied an immigrant spouse visa because I have not received the required vaccines. I aim to apply for a waiver to this requirement based on religious and moral convictions but would like some feedback and opinions before I go ahead and send my packet.

The officer told me that everything else with my application was in order and the visa would have been issued if it wasn't for the fact that I don't have vaccines, he issued me with a blue sheet of paper and ticked the box that says my visa has been denied under section 212(a)(1)(A)(2) and that a waiver is available.

I think I have my waiver package in order, in fact I wanted to file it there and then but they would not accept it, however the officer gave us a few notes to read and they have left us confused.

We were under the impression that because we are filing for a waiver to the vaccine requirements that proof of "extreme hardship" would not be necessary for our case.Neither of us are under extreme hardship and so it seems like an odd thing to try to prove, we simply want to live in the USA but I don't want to receive vaccinations in order to do so and seeing as there is a waiver............. however having looked around we are now confused as most people (attorney's and immigration lawyers and USCIS ) seem to suggest that in order to receive waiver we would have to prove 'extreme hardship'.

What are your thought's? any help is appreciated.

Noorah101

My initial thought is to get an immigration attorney involved to file your waiver. Most waivers are not do-it-yourself cases.

Rene

jeffreyhy

Extreme hardship is the basis for most waiver requests, but not for waivers of the vaccination requirements. It's often the case that information that applies to most situations is given as though it applies to all situations. It does a disservice to those who are in an uncommon situation.

Regards, JEff

jeffreyhy

My first thought as well.

On second thought - get the vaccinations.

Regards, JEff

Bluegrass Lass

I concur. I have a screwed up immune system, and I still get vaccinations. That path would appear to be the easiest, quickest and cheapest way forward. But to each their own!

sir_eccles

I usually bite my tongue when someone mentions religious objections for vaccines. But looking through your past posts I get the impression you're trying to bend the rules and it isn't really for religious reasons rather you probably believe the conspiracy theories.

If I'm wrong I apologize in advance but be aware that misrepresenting yourself on any of these forms can have dire consequences.

jeffreyhy

Another thought - you might want to review Section 41.3 (d)(3)(c) of the USCIS Adjudicator's Field Manual. Still, an attorney who has good experience doing such waivers will have a better idea than the average person as to what words and phrases convey the required sincerity.

Regards, JEff

ian-mstm

Just a quick reminder... if you now want to travel on the VWP, you will need to update ESTA to reflect your visa denial. This could effectively stop you from travelling to the US for at least 6 months.

Ian

Daca

Ok, just to confirm what Ian is saying: I have it in writing and I was specifically told that I am no longer allowed to travel on the visa waiver program.

Thank you, Jeff, for that information about the USCIS Field Manual. It's helpful info and thankfully we've seen it already so were able to work from those points when constructing my personal statement. It looks like we have most of the bases covered but I guess you never know for sure.

I'll skip all the attacks on my beliefs and judgments about my choices. I thought this forum offered a platform to discuss and share information about immigration issues, so I will just stick to that, thank you. I think it's ok if my beliefs are different to yours and I would like to keep the discussion to being about how one obtains a waiver for lack of required vaccines. It is something that is available, and yet there is very little information about how one correctly goes about obtaining one. This is most probably because so few people apply for one. As a forum for discussion on immigration issues, I would have thought that somebody that is going through the process would be welcomed to discuss their progress and not have to be subject to people making judgements about their choices.

jeffreyhy

Also because it is an extremely subjective issue. There is no one "correct" way to write the waiver that will ensure success. (Although, there are wrong ways that will ensure failure.) Everything depends on how the particular applicant's words are interpreted and understood by the particular USCIS officer who reviews the waiver application.

Regards, JEff

ian-mstm

Just to clarify your confirmation (), a visa denial by itself, does not mean you can't ever use the VWP again. Even if you have it in writing, it's just not true. Many people with visa denials are still able to use the VWP... but usually only after about 6 months have passed from the date of the denial.

Ian

janadeen

Good points Jeff.

Daca - Jeff is correct. They're not going to give you direction on how to write up a wavier in a way that'll assure it's approved.

You simply (or not so simply) state your case as you see fit and believe in and they make the call.

Daca

YOOO HOOO!!!!!! Waiver was approved today!!!! We were denied at interview on Apr 3rd, waiver was filed Apr 12th and it was approved today May 4th!! They are collecting my passport on Wednesday!!! I am so happy it is finally approved.

For anybody else that is opposed to vaccines, I just want to say that you can get a waiver approved, and you don't need to have a lawyer, it might help but we couldn't afford one. £4k was a bit much if you ask me!!.

If you are 100% sincere and certain of your beliefs then I think you should go for it, thats what we did and we have been successful.

We had our case expedited, The reason we asked for expedite was because my wife is pregnant and our house has been sold.We did call to ask about expedition and were told that we had to send proof of pregnancy and proof of house sale.We did this and our case was expedited and approved today!!

If anybody else is contemplating a vaccination waiver and wants to ask me any questions then please do, even if you find this post 5 years from now, get in touch. I could not find much help or support for this type of waiver so I am only to glad to help someone else along the way.

Not to go opening a can of worms here but just for the record, vaccines are against my belief's. I am a vegan and that is my religion, my belief's and choices are mine just as yours are yours. It is possible to exercise your belief's even if others don't agree and won't support you.Don't let anybody tell you otherwise!! It often is'nt as hard as they tell you.

Thanks to everyone here that has helped and please do not hesitate to ask me any questions about my case, I am glad to help if I can.

Yippee America here we come!!!!!!!

janeth8711

Congratulations

Janet

k.masson

excellent news, love reading scenarios with a positive outcome.

all the best