Category Archives: Immigration News

COVID-19 vaccination required for immigration medical examination. Individuals submitting Form I-693, Report of Medical Examination and Vaccination Record, on or after October 1, 2021, must provide proof of vaccination against COVID-19. Most applications for adjustment of status to become a lawful permanent resident with U.S. Citizenship and Immigration Services (USCIS) or an immigration visa application with the Department of State (DOS) must submit Form I-693 completed by a designated civil surgeon. Certain other applicants may also be required to submit Form I-693.

If the applicant’s Form I-693 is completed before October 1, 2021, and remains valid, the applicant will not be required to have the vaccine.

Documents Proving The Applicant Received The COVID-19 Vaccine Must Be Inspected And Confirmed

The civil surgeon must physically inspect and confirm the documents proving the applicant received the COVID-19 vaccine. Review of vaccination documentation will require:

• A vaccination record,
• Copy of a medical chart with physician entries,
• Review by appropriate medical personal.

Self-Reported Vaccine Doses Will Not Signify Proper Proof

Self-reported vaccine doses will not signify proper proof. Additionally, the applicant’s Form I-693 must be completed by the civil surgeon and must document the doses and the formulation of the vaccine.

Blanket exceptions to the vaccine requirements include:

• Applicants who are too young to receive the vaccine,
• Individuals who have a medical contraindication to the vaccine, or
• Foreign nationals who live in an area where approved vaccines are “not routinely available”.

Individuals may also request a waiver of the vaccine requirement based on religious or moral convictions.

All passengers arriving in the United States by air are required to show a negative COVID-19 test obtained within three days of departure or documentation of recovery from COVID-19 in the past three months.

Questions About COVID-19 Vaccine Requirements for Immigrants?

For more information on COVID-19 vaccination required for immigration, please contact immigration attorney Jessie M. Thomas.

Printable Flyer. COVID-19 Client Practice Advisory

View online, download, or print and share with others

It may be exciting to hear about Congress introducing immigration bills, particularly if it may benefit you, your
family members, or friends, however, it’s important to have realistic expectations about the legislative process. Most immigration bills introduced in Congress never become laws. Moreover, Congress has not passed major immigration reform legislation in decades. Below we will explain the multi-step process that a bill must go through before it becomes an enacted law.

What Is A Bill?

A “bill” is proposed legislation that has not yet become a law.

The Bill Is Introduced

Once a bill is drafted, it is introduced by its sponsor, a member of either the House of Representatives or the U.S.
Senate, and given the corresponding legislative number of either ‘H.R.’ or ‘S’. Once introduced, bills can be
found at https://www.congress.gov.

The Bill Goes To Committee

Representatives or Senators meet in a small group to research, debate, and propose changes to the bill. They vote
to accept or reject the bill and its changes before sending it to the House or Senate floor for debate, or to a subcommittee for further research. Each piece of legislation is referred to the committee that oversees the specific area affected by the bill. For immigration issues, that usually is homeland security, judiciary, or appropriations committee.

A public hearing is often conducted in which members hear testimony from witnesses who are subject matter
experts. The bill is typically then considered in a “mark-up” session where members of the committee review the
bill in great detail. Amendments to the bill may be offered, and committee members will vote to accept or reject
the changes.

At the end of the markup, a vote is taken to determine whether the bill will be reported out of the
committee or whether no further action will be taken. If a bill is reported out of the committee, a report
is written which describes the purpose and scope of the measure as well as the committee’s reasons for
recommending approval.

Congress Votes On The Bill

Once a final version has been agreed upon, the full House of Representatives or Senate will vote on the
bill’s final passage. Typically, bills must pass with a 2/3 majority vote, but in some instances a majority
vote is sufficient. If one chamber passes the bill, it moves to the other chamber (either the House
of Representatives or the Senate) to go through a similar process of committee review, debate and
amendment. When a bill has been approved by the House and Senate with different provisions, it must
go to a conference committee consisting of a select group of both House and Senate members who are
responsible for resolving the differences and reporting the bill back to both chambers for a vote.

The Bill Goes To The President

Once the bill passes both the House of Representatives and the Senate, it goes to the President for
approval or veto. The President has 10 days (excluding Sundays) to sign a bill into law.

• If the President approves the bill, they sign it, at which point it becomes law.
• If the President does not agree with the bill:
  • The President vetoes the bill, returns it to Congress with an explanation of the reasons for rejection. If two-thirds of both chambers of Congress then vote for the bill to be passed anyway, they can override the veto and the bill will become law.
  • The President can also choose to take no action. If Congress goes out of session within the 10-day period following the bill’s formal delivery to the President, the bill will not become law. This is known as a pocket veto.

Questions About Family-Based Immigration Or An Immigration Bill?

If you or a family member have any questions about Family-Based Immigration or the effect an Immigration Bill may have on you or a family member, speak with a qualified immigration lawyer. Request a free immigration consultation with immigration attorney Jessie M. Thomas today.

Printable Flyer on How A Bill Becomes Law

View online, download, or print and share with others

Resources

• United States House of Representatives: The Legislative Process: https://www.house.gov/the-house-explained/the-legislative-process
• usa.gov: How Laws are Made and How to Research Them https://www.usa.gov/how-laws-are-made

During the COVID-19 pandemic, travel issues for lawful permanent residents and others seeking to enter or return to the United States can occur due to change quickly changing travel restrictions. If at all possible, traveling outside the United States should be avoided except in the most urgent situations.

If you are a lawful permanent resident (LPR), you should keep the following concepts in mind when considering travel outside the United States:

You Must Maintain a Permanent U.S. Home or Risk Losing Your Status

• < 180 Days
  Absence from the United States of less than 180 days = no presumption of abandonment of permanent residence.
• >180 Days < 1 Year
  Absence from the United States of more than 180 days, but less than one year = there is a rebuttable presumption that you may have abandoned permanent residence (meaning the government presumes you have abandoned your residence and the burden is on you to prove otherwise).
• > 1 Year
  Absence from the United States of more than one year = automatic loss of LPR status unless appropriate steps were taken prior to departure to preserve status.

Preserve LPR Status by Applying for a Reentry Permit

If you know or believe you will be outside the United States for more than a year, you should apply for a reentry permit with USCIS BEFORE you leave. Your immigration attorney can help you with this. You will need to be physically present in the United States when the application is filed. You will also need to be in the United States for biometrics processing, which is usually scheduled anywhere from several weeks to several months after USCIS receives the application, so plan ahead as much as possible.

Learn more about potential issues for permanent residents in pandemic times related to travel restrictions and steps you can take to preserve status by reviewing the printable flyer below.

Questions About the Effect of Travel Restrictions on Your Immigration Options?

If you or a family member have any questions about the effect of travel restrictions and the resulting travel issues for lawful permanent residents on your immigration options, it is important to speak with a qualified immigration lawyer. Request a free immigration consultation with immigration attorney Jessie M. Thomas today.

Printable Flyer on Potential Issues for Permanent Residents in Pandemic Times Related to Travel Restrictions

View online, download, or print and share with others