USCIS to Hold I-485 Adjustments Pending New Vaccination Requirements

In an article dated November 17, 2009, we wrote about the CDC reversing course and eliminating the requirement of HPV vaccine for immigrant applicants, including I-485 adjustment applications.  The new rule had an effective date of December 14, 2009, so our office has received a number of inquiries about (1) what happens with pending adjustments which may not have the HPV vaccine in the I-693 form and (2) should new adjustment applicants wait until December 14, 2009 to file their I-485.

In a recent guidance, USCIS provides clarity to these important adjustment of status questions.

Pending Adjustment Applications

USCIS has indicated that since November 13, 2009, USCIS will hold any application that would have been denied solely on the applicant’s failure to show proof of having received the HPV or zoster vaccine.  USCIS will resume adjudication on these cases after December 14, 2009, when the new rules take effect.

New Adjustment Applications

Under the new USCIS guidance, prospective applicants to adjust status  do not need to wait until December 14, 2009, to file their I-485 petitions.  Instead, the I-485 may be filed before December 14 without having proof of the HPV or zoster vaccine.  Given current processing times, it is impossible for USCIS to complete processing of the I-485 by December 14 so that once the application is due to be reviewed, the new CDC rules would have taken effect on December 14, 2009.