INA 212a1Aii (INA 212(a)(1)(A)(ii)) — Immigration Vaccination Requirement

INA 212a1Aii (INA 212(a)(1)(A)(ii)) — Immigration Vaccination Requirement

INA 212a1Aii (INA 212(a)(1)(A)(ii)) — Immigration Vaccination Requirement

People often search for this issue as INA 212a1Aii, 212a1Aii, or Section 212a1Aii. These are shorthand references to INA § 212(a)(1)(A)(ii), which can make a person inadmissible for lacking required vaccinations, typically identified during the immigration medical exam (I-693 civil surgeon process for adjustment of status or panel physician exam for immigrant visas).

What is a ground of inadmissibility?

In order for a foreign national to be admitted to the United States, he or she must be admissible.  A foreign national can be deemed inadmissible to the United States by USCIS, CBP and a Consulate.  If the foreign national is deemed inadmissible to the United States, he or she cannot enter without a waiver of inadmissibility or a determination that the inadmissibility charge was made in error.

212(a)(1)(A)(ii) Inadmissibility due to Lacking Required Vaccinations

Foreign nationals may be inadmissible due to failure to present documentation of having received vaccination against vaccine-preventable diseases such as mumps, measles, or rubella.

Any alien who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices is inadmissible.

This section shall not apply to certain children who are 10 years of age or younger.

How to obtain a determination that the 212(a)(1)(A)(ii) ground of inadmissibility was incorrectly made.

No matter which US government agency made the inadmissibility determination, each provides a method to dispute the determination, though each has drastically different processing times.  We have achieved successful outcomes by petitioning the US Department of State where the determination was made by the Consulate in as little as 2 weeks.  CBP quotes turnaround times of as little as 30 days and USCIS will not offer a time frame.  In our experience, the more difficult the situation, the longer it will take to get resolved.

Common vaccines people search for under INA 212a1Aii

INA 212a1Aii issues most often come up during the immigration medical exam when a civil surgeon (I-693) or panel physician determines that required vaccinations are missing or not properly documented. Common vaccines people search for include:

  • MMR (measles, mumps, rubella)
  • Tdap / tetanus-diphtheria-pertussis
  • Varicella (chickenpox)
  • Polio
  • Hepatitis B
  • Influenza (seasonal)
  • COVID-19 (requirements can change over time; follow the civil surgeon/panel physician instructions and USCIS/CDC guidance)

The required vaccines and documentation rules can depend on age and medical guidance. In many cases, the issue is resolved by obtaining the missing vaccines (or documenting immunity where applicable) and having the civil surgeon or panel physician properly update the medical exam paperwork.

What to do if USCIS issues an RFE for missing vaccinations (I-693)

Most INA 212a1Aii problems are documentation-driven and arise when the medical exam shows missing vaccines or incomplete vaccine records. If USCIS issues an RFE related to vaccinations:

  • Follow the RFE instructions and deadline exactly.
  • Schedule an appointment with a designated civil surgeon to review your vaccine records and determine what is missing.
  • Obtain missing vaccines or provide acceptable proof of immunity where applicable (for example, documented prior vaccination history or medically appropriate evidence).
  • Have the civil surgeon update the I-693 vaccination supplement properly and provide the sealed I-693 packet (or the specific documentation USCIS requested).
  • Keep proof of delivery and a complete copy of what you submit.

In many cases, the fastest resolution is simply completing the missing vaccine requirements and ensuring the updated medical documentation is correctly prepared for USCIS.

Frequently asked questions about INA 212a1Aii (212(a)(1)(A)(ii))

What is INA 212a1Aii?

INA 212a1Aii (INA 212(a)(1)(A)(ii)) is the immigration vaccination requirement ground of inadmissibility. It applies when a person lacks required vaccinations identified during the immigration medical exam.

Does missing a vaccine automatically mean my case will be denied?

Not necessarily. Many cases are resolved by obtaining the missing vaccines (or documenting immunity where applicable) and having a civil surgeon or panel physician properly update the medical exam documentation.

What if I do not have my childhood vaccination records?

A civil surgeon can review any available records and may recommend vaccinations or acceptable proof of immunity depending on the situation. The goal is to ensure the medical exam documentation is complete and consistent with the required vaccination rules.

What should I do if USCIS issues an RFE for vaccines on my I-693?

Follow the RFE instructions and respond by the deadline. In many cases this means obtaining missing vaccines and submitting an updated sealed I-693 from a designated civil surgeon (or the specific documents USCIS requested), along with proof of delivery.

Can INA 212a1Aii be waived?

In some situations, a waiver may be available depending on the person’s immigration posture and the reason for missing vaccines. Waiver eligibility is fact-specific.

News Related to INA § 212(a)(1)(A)(ii)
DateTitleDetails
January 24, 2025CDC Vaccination GuidelinesThe CDC determines which vaccines are required for immigration purposes based on recommendations from the Advisory Committee on Immunization Practices (ACIP).
September 14, 2021COVID-19 Vaccination Requirement for Immigration Medical Examination USCIS updated its guidance to require applicants subject to the immigration medical examination to provide proof of COVID-19 vaccination.

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