It Was a Rough Week for Users of our Nation’s Legal Immigration System, COVID Vaccine Update

By: Richard Hanus, Esq.

March 12, 2025

First, the lesson for all users of the U.S. legal immigration system: make sure you file the appropriate applications and petitions to achieve your U.S. immigration goals, and with special attention to the current form edition (not expired) in use per the US CIS website (https://www.uscis.gov/forms/all-forms )

Applicants for U.S. visas, green cards and U.S. citizenship face a complex maze of rules and regulations when embarking on their immigration journey, including when choosing the proper forms to be filed in a given situation.   This past week, the question of “the right form to file” took front and center as U.S. immigration authorities suddenly released updated versions of several widely used forms and mandated their immediate use, including Form I-485, Application to Adjust Status to Lawful Permanent Resident, N-400, Application for Naturalization and I-918 Application for U visa.  The curve ball here was that the announcement also included a blatantly unfair, retroactive component, where applicants filing the newly outdated form – even prior to the announced policy change – would have their filings rejected.

The good news is that in recent days, this ridiculous policy has been put on hold and with a grace period of 30 days implemented for requiring the new editions of the form, as should have been the policy from the get go.  This important development only came about in response to a federal lawsuit filed by the American Immigration Lawyers’ Association and partner law firms, and was pivotal in helping avoid a result where “[e]mployees for USCIS would be forced to arbitrarily reject thousands of applications from noncitizens who had otherwise properly and completely submitted their applications for consideration under the immigration laws.”

The basis of the lawsuit was that US immigration authorities’ actions constituted a basic violation of the Administrative Procedure Act by failing to first formally announce the new policy in the Federal Register and allow for the required “notice and comment” period to run.  Thankfully our nation’s federal courts were available to come to the rescue to reverse the slew of unjust results that surely were unfolding.

UPDATE – COVID Vaccine No Longer Required For Green Card Applicants

Approximately 6 weeks ago, U.S. immigration authorities announced that applicants seeking lawful permanent residence while in the U.S. no longer will be required to be vaccinated for COVID-19 (as part of their I-693 medical exam/report).   The U.S. Department of State in the past day has followed suit, with applicants for U.S. residence abroad undergoing U.S. consular post immigrant visa processing no longer being required to provide evidence of a COVID-19 vaccination.

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