Legal Question in Immigration Law in California

Vaccination waiver on religious grounds for Green card application

I am submitting this question on behalf of a

married couple who asked to me to research this

on their behalf.

Wife is Australian

Husband is American

Immigration application for permanent status for

wife.

When receiving medical tests, refused

vacinations for herself and children on religious

grounds.

During subsequent INS interview Immigration

officer stated vacinations are required for

immigration application.

Officer asked for documented proof of religious

belief (quotes from bible etc) to substantialte

request (within 90 days), but wife and husband

not of any one religion - practice spiritual

practices.

Qn: Does the law require without question,

immunization for permanent status? Are there any

ways around this requirement? How can you

prove religious reasons if not part of an

established religion? Is there a legal precedent

on this point?


Asked on 6/21/01, 3:59 pm

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan

Re: Vaccination waiver on religious grounds for Green card application

Yes, the vaccination is mandatory in an application for permanent residence. As for the religious belief issue, research would have to be done by an attorney to see if there's any precedent on what would constitute a genuine religious belief to satisfy the INS. Your friends here practice "spiritual practices" which is vague and seemingly difficult to prove, especially if it's not a Judeo-Christian type of belief. The INS' own regulations define a "religious denomination" as:

"a religious group or community of believers having some form of eccelesiastical government, a creed or statement of faith, some form of worship, a formal or informal code of doctrine and discipline, religious sevices and ceremonies, established places of religious worship, religious congregations, or comparable indicia of a bona fide religious denomination."

Although this definition is in the context of an application for an R-1 visa (religious worker), I bet the INS will probably use the same definition in deciding whether to grant your friends the vaccination waiver or not.

You may contact my office as I have done cases dealing with religious issues before.

Liem Doan, Esq.

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Answered on 7/02/01, 1:33 pm


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