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Finberg Firm

Air Travel COVID Vaccine Requirements

November 8, 2021 update

 Starting on NOVEMBER 8th, all foreign national air travelers to the United States WILL BE REQUIRED to be fully vaccinated and to provide proof of vaccination status prior to boarding an airplane to fly to the United States, (with only limited exceptions).

Currently Russia's Sputnik V COVID vaccine is NOT one of the World Health Organization (WHO) approved vaccines that the CDC is accepting as proof of vaccination.

#covid #airtravel #travel #testing #vaccinemandate #health

At this time, all air passengers ages 2 or older, regardless of citizenship or vaccination status, must show a negative result of a COVID-19 viral test or documentation of recovery from COVID-19 before they board a flight to the United States. For more information about these testing requirements, visit Requirement for Proof of Negative COVID-19 Test or Documentation of Recovery from COVID-19. 

Covid Exceptions

Contact Immigration Attorney Seth Finberg for legal advice regarding international air travel into the United States

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Land Travel into the US

Land Travel from Canada/Mexico

 TRAVEL ALERT:  Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service The temporary restriction on non-essential travel at U.S. land border ports of entry with Canada and Mexico remains in effect through October 21, 2021, unless rescinded. Essential travel and trade continue unimpeded. Essential travel includes, but is not limited to:

  • U.S. citizens and lawful permanent residents returning to the United States;
  • Individuals traveling for medical purposes (e.g., to receive medical treatment in the United States);
  • Individuals traveling to attend educational institutions;
  • Individuals traveling to conduct essential work in the United States;
  • Individuals traveling for emergency response and public health purposes;
  • Individuals engaged in lawful cross-border trade

Non-Essential Travel

Release Date: October 12, 2021

WASHINGTON – Today, Secretary of Homeland Security Alejandro N. Mayorkas announced that, following guidance from the Centers for Disease Control and Prevention and other public health experts, the Department of Homeland Security (DHS) will amend Title 19 regulations to allow non-essential travelers who have been fully vaccinated for COVID-19 and have appropriate documentation to enter the United States via land and ferry ports of entry (POEs) across the U.S. border.

“In alignment with the new international air travel system that will be implemented in November, we will begin allowing travelers from Mexico and Canada who are fully vaccinated for COVID-19 to enter the United States for non-essential purposes, including to visit friends and family or for tourism, via land and ferry border crossings,” said Secretary Mayorkas.  “Cross-border travel creates significant economic activity in our border communities and benefits our broader economy. We are pleased to be taking steps to resume regular travel in a safe and sustainable manner.”

The modifications to the Title 19 regulations will occur in two phases over the next few months.  First, in November, U.S. Customs and Border Protection (CBP) will begin allowing fully vaccinated travelers from Mexico or Canada to enter the United States at land and ferry POEs for non-essential reasons. Travelers will be required to have appropriate paperwork that provides proof of vaccination. Individuals who have not been fully vaccinated for COVID-19 will not be allowed to travel for non-essential purposes from Canada and Mexico into the United States via land and ferry POEs. 

Second, beginning in early January 2022, DHS will require that all inbound foreign national travelers crossing U.S. land or ferry POEs – whether for essential or non-essential reasons – be fully vaccinated for COVID-19 and provide related proof of vaccination. This approach will provide ample time for essential travelers such as truckers, students, and healthcare workers to get vaccinated.

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OCTOBER 1, 2021 COVID-19 REQUIREMENTS

 

COVID-19 Vaccine Series Required for Immigration Medical Examinations
Effective Oct. 1, 2021, applicants subject to the immigration medical examination must be fully vaccinated against COVID-19 before the civil surgeon can complete an immigration medical examination and sign Form I-693, Report of Medical Examination and Vaccination Record. This guidance applies prospectively to Form I-693 signed by civil surgeons on or after Oct. 1, 2021.
USCIS is updating its policy guidance in accordance with the Centers for Disease Control and Prevention’s Aug. 17 update to the Technical Instructions for Civil Surgeons. We are working on updating Form I-693 and the form instructions to incorporate this new requirement. Applicants must complete the COVID-19 vaccine series (one or two doses, depending on the vaccine) and provide documentation of vaccination to a USCIS-designated civil surgeon before completion of the immigration medical examination. 
Background
In general, individuals applying to become a lawful permanent resident, and other applicants as deemed necessary, must undergo an immigration medical exam to show they are free from any conditions that would render them inadmissible under the health-related grounds. USCIS designates eligible physicians as civil surgeons to perform this immigration medical examination for applicants within the United States and to document the results of the immigration medical examination on Form I-693.
USCIS may grant a blanket waiver if a vaccine is:
- Not age appropriate;
- Contraindicated due to a medical condition;
- Not routinely available in the state where the civil surgeon practices; or
- Limited in supply and would cause significant delay for the applicant to receive the vaccination. Individuals may also apply for waivers based on religious beliefs or moral convictions by submitting Form I-601, Application for Waiver of Grounds of Inadmissibility.

More Information
Updated policy guidance is available in the USCIS Policy Manual, Volume 8: Admissibility, Part B: Health-Related Grounds of Inadmissibility, Chapter 9: Vaccination Requirement [8 USCIS-PM B.9] and Volume 9: Waivers and Other Forms of Relief, Part D, Health-Related Grounds of Inadmissibility, Chapter 3, Waiver of Immigrant Vaccination Requirement [9 USCIS-PM D.3]. For more information on adjustment of status, visit our Green Card webpage.

If you are concerned about how the new USCIS Covid-19 Vaccine requirements can affect you ... please contact Immigration Attorney Seth Finberg

Find out more about COVID-19 Vaccine requirements

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