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ResourcesVisa & Immigration LawVisa News"Vaccine Tourism": US Tourist Visas and Section 214(b) of the INA

"Vaccine Tourism": US Tourist Visas and Section 214(b) of the INA

Transcript of the above video:

As the title of this video suggests, we are discussing so-called "vaccine tourism". In a recent article from the Bangkok Post, bangkokpost.com, Thais Warned About "Vaccine Tourism" to US. Quoting directly: "Thais seeking to get free COVID-19 vaccines as part of tour packages to the United States should contact the Foreign Ministry first before paying since not all States offer the service according to the Foreign Minister." Quoting further: "In general, people aged 16 and more who live in or have legally entered the US can seek COVID vaccination free of charge. However, the criteria and procedures differ in each State." So, the devil is in the details with this.

I have done another video contemporaneously with this one where I went into kind of warning if you will or at least pointing out some of the concerns associated with just presuming one can just get on a plane, go to America and just get a COVID vaccine. As have I noted in another video, difference states do things differently, different states have initiated different protocols with respect to distribution of this; they have different criteria regarding eligibility and timing for actually getting the vaccine. The purpose of this video to go more deeply, is the issue of a Tourist Visa. A lot of folks, and this is in my opinion a common misconception that US Tourist Visas are just readily available. In point of fact, a US Tourist Visa is an adjudication and we do see a number of cases which are denied pursuant to what is called section 214(b) of the Immigration Nationality Act. 214(b) basically dictates that the Consular Officer who is adjudicating that Tourist Visa application must be confident that that person shows what are called strong ties to their home country or another country outside the United States and "weak ties" to the United States. Honestly under 214(b) and what is called the Doctrine of Consular Absolutism, these Consular Officers, basically if they just think that it is half possible that someone who for example goes to the USA to get a COVID vaccine may just stay there and if they think that that is a possibility, they will just deny that out of hand. They will deny that Tourist Visa application. Also candidly, looking to go to the US to get COVID vaccinated I don't know how they would view that. Honestly, I am trying to put on my Consular Officer's hat if you will and think the way that they do which sometimes is part of my job. I don't know exactly how they are going to view that. I don't know if they are going to view that positively. I don't think they would exactly view it negatively but again they have 214(b) to deal with. They have to try and preclude issues of fraud. 

The other thing is presumably this COVID vaccination drive is aimed at nationals of the United States. It is not really there meant to draw folks like moth to a flame to presumably to just vaccinate the world although it is certainly a laudable thought. I guess it is not necessarily a bad thing in and of itself but I don't think that is the purpose of these programs. 

So, again it is probably a good idea to contact a legal professional to gain some insight and guidance if you are looking to engage in this. Also I think, folks may be getting wound up. They may get with a tour group or an agency; look tourism has not been doing well this last year and I am not saying anyone is acting in bad faith but I will say that people can gloss over the finer points of things if they are trying to make a sale for lack of a better term. For this reason, it is probably a good idea to approach this with a bit of caution and prudence before making any irrevocable decisions.