Steven Pham's Legal Blog

Not widely known, the USCIS implemented a new vaccination requirement starting last August 1, 2008 for female immigrant applicants outside the U.S. through Consular Processing and for those who seek Adjustment of Status in the U.S.  The new vaccination is part of the requirement based on the Illegal Immigrant Reform and Immigrant Responsibility Act (IIRIRA) which came into effect in 1996.  

Female immigrant applicants, ages 11-26, must now obtain cervical cancer vaccination, using a drug that was recommended by the Center For Disease Control & Prevention (CDC) last year, Gardasil.  IIRIRA required that any vaccination that is recommended by the CDC for U.S. citizens to vaccinate will be required by all immigrant applicants. The effect has wide-spread impact on the ability many immigrants to be able to file for an immigrant application and adjustment of status.  Gardasil is an expensive drug in which many immigrants simply cannot afford; mindful that there is already an extensive list of vaccinations, 14 to be exact, in which immigrant must show, such as measles, mumps, and meningitis. 

Of the 14 that are listed, 13 are communicable disease that could be spread through the respiratory system.  Cervical cancer, on the other hand, is a sexual transmitted disease.  At the cost of $360 for the 3 shots required for Gardasil, cervical cancer, vaccination, many immigrants simply cannot afford.  To put this into perspective, the average annual income for most developing countries is less than $300/year.  Where would an average immigrant find $360, just for Gardasil vaccination alone, to file their petition?  Has USCIS gone too far?  Are they just doing their job as required under IIRIRA?  Should IIRIRA be amended, as it inadvertently has negative affects for thousands of unintended “victims?”