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IMMIGRATION CHANGES TUBERCULOSIS AND VACCINATION REQUIREMENTS FOR APPLICANTS TO ADJUST STATUS TO LEGAL PERMANENT RESIDENCE Suzanne St. Luce, P.A.
All applicants to adjust status to legal permanent residents (green card seekers) must
complete an Immigration physical. The physical tests for communicable diseases from childhood
diseases such as mumps, rubella, diphtheria, to sexually transmitted diseases such as Rapid Plasma
Reagin (RPR) for syphilis and Human Immunodeficiency Virus (HIV). The Immigration physical
can only be completed on Form I-693, Report of Medical Examination
and Vaccination Record, by
a designated civil surgeon. Designated
civil surgeons are doctors who are authorized by U.S.
Citizenship and Immigration Services
(USCIS) to complete Immigration
medicals. These medicals
submitted to USCIS must be sealed, or their results are void and a new sealed medical must be
submitted.
On July 24, 2008, USCIS issued a press release of the revised requirements
for tuberculosis
(TB) testing and treatment and the list of vaccinations required for applicants
seeking to adjust their
status to that of legal permanent residents.
All applicants who are two years or older must have a TB skin test (TST). Children under
two years of age are required to have a TST if there is evidence
that the child came into contact with
someone known to have TB. Many of the new requirements relate to additional tests and treatments
that are required if an applicant tests positive
to TB through the TST. Any applicant
who requires
a chest X-ray must include a full and formal radiologist chest X-ray report. The report must be a
copy or an original signed by the radiologist and must be on official hospital or medical office
letterhead. No handwritten reports will be accepted by USCIS. Any medical examinations for
Immigration performed on or after June 1, 2008, must comply with the new TB requirements.
A 1996 Immigration law states that any vaccinations
recommended
by the Center for Disease
Control (CDC) become mandatory for applicants seeking
to adjust status to legal permanent
residence. The new mandatory vaccinations
are for the following
diseases: Rotavirus, Hepatitis A,
Meningococcal (meningitis), Zoster, and Human papillomavirus (HPV).
Rotavirus is the leading cause of severe acute gastroenteritis (vomiting
and diarrhea) among
children worldwide. According to the CDC, the rotavirus vaccine currently
licensed in the United
States will prevent 74 percent of all rotavirus cases.
Hepatitis A is a serious liver disease
caused by the hepatitis A virus (HAV). Some of the
symptoms include fever, fatigue, loss of appetite, nausea, vomiting, jaundice, and abdominal pain.
Meningococcal (meningitis) also called spinal meningitis is an infection
of spinal cord fluid
and the fluid that surrounds the brain. Meningitis is usually caused by a viral or bacterial infection.
There are two vaccines for meningitis
approved for use in the United States and both vaccines can
prevent four types of meningococcal disease.
Zoster or shingles is a painful skin rash or blisters caused by the same virus that causes chickenpox. A shingles vaccine was recently recommended by the Advisory
Committee on
Immunization Practices (ACIP) of the CDC to reduce the risk of shingles for people sixty (60) years
of age or older. Due to this recommendation,
USCIS now requires all applicants who are sixty years
old or older to have the shingles vaccination.
Human papillomavirus
(HPV) are viruses passed generally
genital contact that cause most
cases of cervical
cancer and genital warts. Currently, Gardasil is the only vaccine that is approved
for use in the United States for HPV. Gardasil does not protect for all forms of HPV, but for most
of those viruses that cause cervical cancer. The vaccine is not for boys or men. It is only for girls
and young women. It is given in three shots over a six month period and is routinely recommended
for young girls between eleven (11) and twelve (12) years old; and for thirteen (13) to twenty-six
(26) year old females who have not yet been vaccinated or who have not completed the full course
of vaccinations. Since the recommendation
of Gardasil by the ACIP last year, Gardasil became a
mandatory requirement for USCIS. However, some members of the ACIP were unaware of the
requirement that any recommendations
for the United States public, would become mandatory for
applicants seeking their green cards and never intended Gardasil to become
mandatory. Since the
approval of Gardasil, there have been reports in the national press that some recipients of the vaccine
have had reactions as mild as a rash to as severe to a seizure or even death. The CDC reports that
the cost for each dose should be approximately $125, or $375 for the full course. The vaccinations
are still mandatory for USCIS.
Any Immigration physicals completed
on the wrong edition of the form or not meeting the
new requirements will cause the physical to be rejected by USCIS and will delay the issuance of an
Employment Authorization Document
(work permit). A new Report of Medical Examination and
Vaccination Record must be completed
and submitted to USCIS.
For consultation, contact the Law Offices of Suzanne St. Luce, PA at (305) 249-5534 or (954) 318-
0930, or send an e-mail to info@stlucelawoffice.com. Our offices are located at 160 NW 176 Street,
Suite 300, Miami Gardens, FL 33169; and 3810 Inverrary Blvd., Suite 102-M, Lauderhill, FL 33319.
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