No Religious Waiver of Photographs on Green Card
Posted Mar 28, 2003

In an INS Memo issued February 14, 2003, prior to the transition to BCIS, Johnny N. Williams, then Executive Associate Commissioner, Office of Field Operations, set forth the policy regarding waivers of photographs on replacement or renewal green cards. Some applicants using Form I-90 to obtain a replacement or renewal green card have sought the waiver based on religious restrictions on being photographed. The Memo will put an end to this practice.

The regulation on waivers of photographs only allows waivers due to "confinement due to old age or physical infirmity." However, the manual on Alien Documentation, Identification and Telecommunication System (ADIT) goes beyond the parameters of the regulation to allow exceptions for religious / ethnic reasons as well as physical disfigurement. Because of this provision in the manual, waivers have been granted on an occasional, case-by-case basis for religious reasons. The Memo now prohibits these waivers, in light of post-September 11^th security issues. The I-551 ("green card") is the document that establishes the permission to enter the U.S. and remain here. The INS declared that the potential for misuse is too great to allow waivers that exceed the terms of the regulation.

For those who may be too old or infirmed, the Memo states that the INS should seek to accommodate these individuals by conducting a home visit to take the photograph, rather than granting a waiver. The waiver should be granted only in "extraordinary circumstances" when the photo cannot be obtained and there is certainty that the card will not be misused.

The Memo does state that for cases involving disfigurement, it is possible to alter the photo requirements, in keeping with past practice. The only proviso is that the person must be clearly identifiable in the photograph.