Hey friends in this video, we're going to talk about the new COVID-19 vaccination requirement.
That's part of the green card and immigrant visa process. In this video specifically,
I'm going to discuss the waiver known as the religious or moral convictions waiver that
folks can apply for. If they refuse to get vaccinated. Before I dive into it,
I'd like to thank you for watching this video. I'm Latoya McBean Pompey and immigration lawyer in New
York, working with clients all over the world on complex immigration matters, including the waiver,
actually that I'm going to discuss in this video, we do this at McBean law.
So you can reach out to us if you're in this situation and you need help with this waiver,
contact us at 5 1 6 8 6 6 3900. Or you may book your meeting with us@mcbeanlaw.com.
Also friends do me the favor of subscribing to my channel, if you have not already done so and
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Now let's talk about this waiver. Uh, that's available for those of you who have, uh,
are refusing to become fully vaccinated in connection with the green card or immigrant
visa process. This new policy is in effect, and it does require that you are fully vaccinated
unless you've obtained a blanket waiver or the waiver that I'm going to discuss in this video.
The blanket waiver is a waiver that is determined by the doctor who will do the examination of you
in connection with a green card or an immigrant visa application process. That doctor will need
to determine that you are fully vaccinated, or you cannot become vaccinated based on medical reasons
to learn more about what those medical reasons may be. Um, I'm going to pull up the page here at,
on CIS website and its policy manual in which it talks about the blanket waivers.
In addition to the waiver that I'm going to discuss in this video, but take a look at those
issues related to the medical reasons. If you think that you may fall into that waiver category,
let's talk about the religious grounds or moral convictions issue. Firstly, for this waiver,
you do not need a qualifying relative. You would simply need to apply to USC and pay the
application fee. Now what is required, there are three big things that you need to argue
when you're seeking this type of waiver. And I will tell you that, you know, this is not easy,
okay, this is complicated stuff here, and you'll see in a moment. But the first thing that you need
to argue friends is that you're, you are opposed to all vaccinations in any form, your argument
in opposition to it cannot be based on politics, political reasons, or even scientific reasons.
No, it really has to be based on your religious beliefs or moral conviction. So you cannot pick
and choose which form of which vaccines you're in favor of versus those that you're not in favor of
how, if you were vaccinated in the past for other reasons, and you're now concerned about, well,
is this going to be an automatic, uh, reason for the government to deny me the government says,
no, this is the mere fact that you had been vaccinated. Um, in the past, it doesn't result
in an automatic denial. However, you must prove to them that your beliefs have substantially changed
over the years, right? Or change since the time that you were vaccinated for whatever that reason
was. Or you were vaccinated as a child, as part of a routine, uh, through an orphanage to vaccinate,
uh, children. Um, so you have to, you know, find the reason why you were vaccinated for that, this
other thing, and why now you're flat out refusing to be vaccinated against the COVID.
Um, the COVID virus. The second thing that you need to show is that your objection is based on
religious beliefs or your moral convictions. And that second argument, I think, you know,
will be based on an individual it's individually determined, so to speak, right? It's on a case by
case basis. It's gonna look a little differently for Charlie versus Amy, right? Um, but it has to
be grounded in your religious belief or some sort of moral conviction. And then the third argument
that you must make is that your religious belief or moral conviction is sincere. It is sincere to
you. Um, and you know, you had been consistently applying this belief or this conviction,
and you have evidence to show that this is how you live. This is your lifestyle. You've stayed
away from doing certain things, such as, you know, vaccinations. The government says that
while an applicant may attribute his or her opposition to a particular religious
belief or moral conviction that is inherently opposed to vaccinations, the focus of the waiver
adjudication should be on whether that claimed belief or moral conviction is truly held.
That is whether it is applied consistently in the applicant's life. I can't underscore that
enough, that they are really looking for this consistency. Now, the other thing is this,
while you're arguing that your belief system is sincere, or your conviction is sincere,
the government is not requiring you to show that you are a member of a church or, um, even a, you
know, a house of worship or anything like that. No, you don't have to be a member of a house of
worship. But if the, if you are, that will help, right? That, that helps to the argument
that this is based on your religion. And you, you know, you go to church or whatever the,
the, the faith system is, but it's not a requirement that you are a member of a church
or a house of worship. Now, what type of evidence must use, submit to prove all of these things?
Well, firstly, the government says that you need to submit a sworn
statement. Okay? And I'm going to pull up the section in the policy manual that talks about
this sworn statement. The government says that in your statement, you should state the exact nature
of your religious beliefs or moral convictions and establish how such beliefs would be violated
or compromised by complying with the vaccination requirements. And then it goes on to save that
additional core, uh, corroborating evidence support in the background for the religious belief
or moral conviction, if available and credible should also be submitted. For example, if you
are a member of a congregation, you can have them members of your congregation submit affidavit,
stayed in, um, the describing the lifestyle that you have, right? Your religious lifestyle, um,
and any evidence of any volunteer work that you've done for the congregation. And so, you know,
this just gives you a glimpse of the types of evidence that the government is looking for.
But as I said earlier, it's really going to be on a case by case basis. It's the evidence or
the document checklist will look different for each person. I must say, you've got to work with
the lawyer on this. Uh, particularly if you have been vaccinated in the past for other reasons, um,
or your faith may very well be new, or it's kind of hard to articulate or talk about your religious
beliefs and how sincere they are. Talk, talk to us, contact us so that we can learn more about
your story, your, your background and see what type of evidence would convince the government
that your faith or your belief system is sincerely held. I hope you found this video helpful,
share it with other people. Comment below. Let me know your thoughts.
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Thanks so much for being with me in this one, and I will see you in the next one. Bye bye.