New USA Covid Vaccination Rules and non approved vaccines

[loveatfirstsite42]

Biden's new travel proclamation requires a world health organization approved vaccine, but my fiance received a biokangtai chinese vaccine that is not approved before the proclamation was issued.

Now we called around a few community vaccination centers and they won't give her another vaccination, because she's considered fully vaccinated in China

Any thoughts on how to solve this issue?

Edited November 3, 2021 by loveatfirstsite42 (see edit history)

[Randy W]

10 hours ago, loveatfirstsite42 said:

Biden's new travel proclamation requires a world health organization approved vaccine, but my fiance received a biokangtai chinese vaccine that is not approved before the proclamation was issued.

Now we called around a few community vaccination centers and they won't give her another vaccination, because she's considered fully vaccinated in China

Any thoughts on how to solve this issue?

 

No - the local vaccination centers in China are tasked with vaccinating the Chinese populace, not with immigrations vaccinations. I would expect she could get a WHO-approved vaccination at a hospital - in particular, an immigrations hospital, such as the one she will go to for her medical.

You can also check to see if WHO approval for her vaccination is in the works, and what the time-table might be.

But the executive order applies to non-immigrants only. While K-1 is technically a non-immigrant visa since it doesn't directly award a green card, it is treated as an immigrant visa for all other purposes. I pretty sure that that would include her trip to the U.S. on that visa.

[Randy W]

This is what the USCIS says about COVID vaccinations. I expect that her biokangtai vaccination would be acceptable, but, if not, they would offer her one that is.

 

COVID-19 Vaccination Required for Immigration Medical Examinations

[newacct]

The proclamation applies to people entering as nonimmigrants. The CDC has details. You are right that the accepted vaccines for the proclamation doesn't include Kangtai vaccine (the only Chinese vaccines accepted are the Sinopharm and SinoVac ones).

The proclamation doesn't apply to people with immigrant visas (though they have to comply with the separate vaccination requirement for immigration, which started on October 1). Is your fiance traveling to the US on a nonimmigrant or immigrant visa? If it's a K1 fiance visa, that is technically a nonimmigrant visa (even though it is often processed by the immigrant visa department), and neither the proclamation nor any State Department page specifically mentions exempting it, so I don't know how it would be handled. The State Department had previously granted national interest exceptions to all immigrant and fiance visa holders for the geographic COVID bans, but it is unclear if this would carry over into national interest exceptions for the new vaccination restrictions.

[Randy W]

newacct is correct in what he says, but I stand by what I said, that it would PROBABLY extend to the K-1 fiance visas, which ARE treated as immigrant visas. But I think my first choice would be to have her get vaccinated in accordance with the executive order by an accepted vaccination.

Without an accepted vaccination, she may run into problems when trying to board the plane. If it comes to that (if she is unable to get an approved vaccine), be sure she is equipped with any pertinent information about the application of immigrant regulations to K-1 visa holders. An approved I-693 may be all she needs.

[Randy W]

There's always this clause in the proclamation - 

 

Proclamation said:

(b) The suspension and limitations on entry in section 2(a) of this proclamation shall not apply to:

 . . .

(vii) any noncitizen who is a citizen of a foreign country where the availability of COVID-19 vaccination is limited, as identified pursuant to section 4(a)(v) of this proclamation, and who seeks to enter the United States pursuant to a nonimmigrant visa, except for a B-1 or B-2 visa;

Section 4(a)(v) of the proclamation states  that the CDC will maintain - 

Proclamation said:

a list of countries where the availability of COVID-19 vaccination is limited, with such countries defined as those where less than 10 percent of the country's total population has been fully vaccinated with any available COVID-19 vaccine or are otherwise determined by the Director of the CDC to qualify as countries where the availability of COVID-19 vaccination is limited;

Just be sure she is prepared for any difficulty that may arise.

 

Edited November 4, 2021 by Randy W (see edit history)

[loveatfirstsite42]

https://www.cdc.gov/immigrantrefugeehealth/panel-physicians/covid-19-technical-instructions.html

2 hours ago, Randy W said:

There's always this clause in the proclamation -

Section 4(a)(v) of the proclamation states  that the CDC will maintain -

China doesn't qualify per cdc, link here: https://www.cdc.gov/quarantine/order-safe-travel/technical-instructions.html#anchor_1635183102468

According to the press call transcript attached to the proclamation, the CDC was expected to use the world health organization's country vaccination tracker, and China's at  about 68.97% fully vaccinated, which is higher than the USA (62% fully vaccinated).  So that clause is not going to work.

2 hours ago, Randy W said:

An approved I-693 may be all she needs.

I researched the I-693.  The CDC technical instructions for medical examinations say, quoted below, but direct link click here

Quote

The COVID-19 vaccines approved for use in these Technical Instructions, hereinafter referred to as “approved COVID-19 vaccines,” are those vaccines authorized for emergency use (EUA) or approved by the US Food and Drug Administration (FDA)external icon or listed for emergency use (EUL) by the World Health Organization (WHO). pdf icon[PDF – 3 pages]external icon If an approved COVID-19 vaccine is available to the applicant in the country where the examination occurs, the applicant must complete the vaccine series and provide documentation to the panel physician in person before completion of the medical examination.

So she must complete covid vaccination with an approved vaccine before the medical exam?  This is a bigger problem than I originally thought?

[Randy W]

4 hours ago, loveatfirstsite42 said:

. . .

 

I researched the I-693.  The CDC technical instructions for medical examinations say, quoted below, but direct link click here

So she must complete covid vaccination with an approved vaccine before the medical exam?  This is a bigger problem than I originally thought?

 

 

Why??? It's either available to her, or it's not. If it's not available, the panel physician will note that on the I-693. If it IS available, he will be able to either administer it, or tell her where it is available.

Both the Sinopharm and Sinovac vaccines are WHO approved.  

CDC said:

If a COVID-19 vaccine listed for emergency use by the World Health Organization (WHO) or licensed or authorized for emergency use by the US Food and Drug Administration (FDA) is available to the applicant in the country where the medical examination is conducted, the eligible applicant must complete the COVID-19 vaccine series in addition to all other necessary vaccines (see Figure 1 for proposed timeline).

Again - I think the best approach is just to get her vaccinated with an approved vaccine. 

The instructions for the medical exam from the consulate includes a list of immigrations hospitals with approved panel physicians. 

These instructions are dated June, 2021 and do not list the COVID vaccination. The panel physician will have up to date information.

Medical Examination and Vaccination Instructions

"Please direct any questions to the U.S. Consulate General Guangzhou Immigrant Visa Unit webform at https://china.usembassy-china.org.cn/visas/immigrant-visas/immigrant-visa-unit-question/." - the ustraveldocs site

Edited November 4, 2021 by Randy W (see edit history)

[newacct]

If the doctor really can't give her the Sinopharm or SinoVac vaccine because she's already vaccinated, then perhaps it can fall under "Persons with documented medical contraindications to receiving a COVID-19 vaccine"?

[loveatfirstsite42]

9 hours ago, Randy W said:

Both the Sinopharm and Sinovac vaccines are WHO approved.  

Again - I think the best approach is just to get her vaccinated with an approved vaccine.

I called a bunch of hospitals and doctors that deal with foreigners in China.  Apparently, COVID-19 vaccines widely available in China are not commercially available vaccines, but are provided for free by the Chinese government for it's citizens.  So to get the vaccine, you must follow the government policies and she's not eligible to be vaccinated again for six months.

So unless anyone can suggest a private source of who approved covid vaccine in china, the best approach seems impossible as going to another country will require long duration quarantine in both directions and she'll loss of employment for her.

I think I'm the first person to post this issue, but it will impact more and more people as the rules come into effect.

Edited November 4, 2021 by loveatfirstsite42 (see edit history)

[Randy W]

That's sad to hear, but check with the US immigration hospitals that are in the instructions for the medical exam.

 

 - AND - You DO have a case that an acceptable vaccination may not be available to her.

She should be able to pass the medical exam, and, after that, I still think she'll be able to come.

Another thing to consider is a Zoom marriage in Utah. Others have posted on Visa Journey about using this for a successful marriage visa.

Edited November 5, 2021 by Randy W (see edit history)

[Randy W]

I posted here about the online marriages -

Getting Married Online??!?

Your best approach for the K1 may be to go ahead with the medical. If the hospital can't help her with the vaccine, ask the Consulate about the travel restrictions.

[Randy W]

10 hours ago, newacct said:

If the doctor really can't give her the Sinopharm or SinoVac vaccine because she's already vaccinated, then perhaps it can fall under "Persons with documented medical contraindications to receiving a COVID-19 vaccine"?

There IS no medical contraindication - it's simply a policy of China's efforts to vaccinate their populace.

The original poster here and his fiance are simply in a little crack in the system that they need to find a way out of. As has been said, most policies about immigrants INCLUDE the K-1 visa holders. If she can't get an approved vaccine, the K-1 exception to the travel restriction will need to be stated explicitly in order to ensure that she will be able to travel. Failing that, a marriage visa might be a way out.

Edited November 5, 2021 by Randy W (see edit history)

[Randy W]

Starting today, adult visitors to the U.S. must show proof of full vaccination against COVID-19 and a negative test to fly to the United States.  For full details, including on very limited exceptions and traveling with children, see http://ow.ly/ZGjX50GIoO3.

from the US Department of State: Consular Affairs on Facebook 
https://www.facebook.com/photo?fbid=256904906472567&set=a.227341039428954

Frequently Asked Questions on COVID-19 Vaccinations and Testing for International Travel

Although no mention is made of K-1 visa holders, it simply says

Why are immigrants not covered by the new proclamation or orders? 

• Immigrants are already subject to separate requirements for medical examination and vaccination.
• Please see the CDC website for more information on exceptions.

Accepted COVID-19 Vaccines

Edited November 9, 2021 by Randy W (see edit history)

[Randy W]

A discussion on Visa Journey

K1 Air Travel Entry when approved COVID Vaccine Not Available