RFE for vaccinations

[drbilldc 0]

Hi Everybody!

We had our interview on September 3rd, the interviewer said we were approved but issued an RFE for 2 vaccinations each. Went to the civil surgeon who did the entire exams over again and forced us to get Tb shots which delayed us 1 week long story short we fufilled the RFE and the documents will arrive in Detroit tomorrow, but on the bottom of the RFE in small printing it said "returned in 30 days or possible rejection" I paraphrased this. Because of the Doctor's schedule the %th was the soonest we could complete the exams/vaccinations. so we will be at 34 days, not 30. ODDS of rejection? Anyone?

thanks,

Dr. Bill

[Gary and Alla 3,694]

In my limited experience with this (2 cases with EXACTLY the same circumstances) the rejection rate was 100% BOTH cases were denied based on the RFE not being returned within the time period. One was ONE DAY late and accompanied with an explanation of why. The other was 3 days late. I have personal experience with one other case where the applicant was told they needed a vaccine IN ERROR. The response to the RFE was a letter explaining they had the vaccine and a copy of the DS-3025 highlighted to show it. The case was denied. Again, an I-290 was filed, case re-opened, Senator contacted, yada, yada, case was finally approved after ONE YEAR of hassel.

In ALL cases, the petitioner filed a motion to re-open (I-290, $585) and in ALL cases the file was re-opened and the cases were eventually approved.

[drbilldc 0]

yes should be interesting because during the interview, she specifically said "you're approved, just have the civil surgeon sign off on this" we will wait and see

Dr. Bill

[Gary and Alla 3,694]

yes should be interesting because during the interview, she specifically said "you're approved, just have the civil surgeon sign off on this" we will wait and see

Dr. Bill

Some specifics of the cases I worked with. All three were from Ukraine. These involved a local office in two states and the CSC.

Case 1. Applicant (spouse) was told she was "approved" at th einterview but needed a vaccination. Was given 30 days per the RFE (sound familiar?) They could net get an appointment until the 30th day with a civil surgeon. On day 31 the applicant and her husband drove to the local office and hand delivered the paper to the CO that did the interview. Two weeks later she was denied and told to leave the country! She lacked an influenza vaccine, which weas required at that time, not any more.

Applicant filed an I-290 and was finally approved.

Case 2. Identical except the needed vaccine was rubella and the RFE response was 4 days late for the same reason. Shew was told she was approved.

Case 3 is very interesting. The case was forwarded to CSC for processing (Yippee! Right?) Wrong. The applicant had received an AP and EAD previously. There was no interview. The applicant received an RFE stating they did not have a "needed vaccine". The applicant and petitioner could not think of what vaccine was missing, they thought they had them all. They made an infopass appointment at a local office. The local office could not tell them which vaccine was missing. The local office advised them to see a CS and ask. They made an appointment with a CS. The CS said ALL vaccines had been received and not only did the applicant NOT need the vaccines, the CS would not give any because she already had them all. The CS would NOT sign an I-693 because they had a DS-3025 which showed she had all the needed vaccines. "It is obviously an error" The couple made another infopass with our local office and was told to respond to the RFE with a letter and a copy of the DS-3025 (sent with the original package) and "highlight the vaccines". They did. They responded before the deadline. Great.

No news for several weeks.

The woman goes back to Ukraine to visit family using her AP. A few days after she leaves the husband gets a denial letter and her AP IS CANCELLED!!!!!!!!!!! She cannot re-enter the US. Senator Leahy of Vermont was contacted and did a marvelous job in going to the top to get this straigntened out. Ultimately her AP was restored and her green card was issued. The reason she was denied? The DS-3025 has a little box that, if checked, says "vaccinations complete" The box on hers was not checked! She HAD the vaccines and all the dates of all the vaccines were given, but the little box had not been checked!

I had the great pleasure of working with Senator Leahy on these and I can say that despite my considerable differences in opinion on many issues with him, he and his staff are 1000% for Vermonters and he swings a pretty big stick. He has my vote as lomng as he wants to remain in office. I have also worked with him on trying to change this.

The new Menendez-Leahy immigration bill contains language that will eliminate the need for Civil Surgeons to sign off on certain classes of visas for which a medical exam was held within one year and before visa issuance (that means US) And ANY licensed US doctor would be able to do this. Unfortunately I do not care for the rest of the immigration bill. I guess you can't have everything and who knows if it will actually pass or not be amended once the CS lobby gets a hold of it (if there is a CS lobby, who knows?) I do not know if it will survive, get changed, etc. In fact, I do not agree with the bill, it is basically amnesty in a pretty package. But I hope the time comes when we can dump these parasitic CS's from the process.

[drbilldc 0]

Some specifics of the cases I worked with. All three were from Ukraine. These involved a local office in two states and the CSC.

Case 1. Applicant (spouse) was told she was "approved" at th einterview but needed a vaccination. Was given 30 days per the RFE (sound familiar?) They could net get an appointment until the 30th day with a civil surgeon. On day 31 the applicant and her husband drove to the local office and hand delivered the paper to the CO that did the interview. Two weeks later she was denied and told to leave the country! She lacked an influenza vaccine, which weas required at that time, not any more.

Applicant filed an I-290 and was finally approved.

Case 2. Identical except the needed vaccine was rubella and the RFE response was 4 days late for the same reason. Shew was told she was approved.

Case 3 is very interesting. The case was forwarded to CSC for processing (Yippee! Right?) Wrong. The applicant had received an AP and EAD previously. There was no interview. The applicant received an RFE stating they did not have a "needed vaccine". The applicant and petitioner could not think of what vaccine was missing, they thought they had them all. They made an infopass appointment at a local office. The local office could not tell them which vaccine was missing. The local office advised them to see a CS and ask. They made an appointment with a CS. The CS said ALL vaccines had been received and not only did the applicant NOT need the vaccines, the CS would not give any because she already had them all. The CS would NOT sign an I-693 because they had a DS-3025 which showed she had all the needed vaccines. "It is obviously an error" The couple made another infopass with our local office and was told to respond to the RFE with a letter and a copy of the DS-3025 (sent with the original package) and "highlight the vaccines". They did. They responded before the deadline. Great.

No news for several weeks.

The woman goes back to Ukraine to visit family using her AP. A few days after she leaves the husband gets a denial letter and her AP IS CANCELLED!!!!!!!!!!! She cannot re-enter the US. Senator Leahy of Vermont was contacted and did a marvelous job in going to the top to get this straigntened out. Ultimately her AP was restored and her green card was issued. The reason she was denied? The DS-3025 has a little box that, if checked, says "vaccinations complete" The box on hers was not checked! She HAD the vaccines and all the dates of all the vaccines were given, but the little box had not been checked!

I had the great pleasure of working with Senator Leahy on these and I can say that despite my considerable differences in opinion on many issues with him, he and his staff are 1000% for Vermonters and he swings a pretty big stick. He has my vote as lomng as he wants to remain in office. I have also worked with him on trying to change this.

The new Menendez-Leahy immigration bill contains language that will eliminate the need for Civil Surgeons to sign off on certain classes of visas for which a medical exam was held within one year and before visa issuance (that means US) And ANY licensed US doctor would be able to do this. Unfortunately I do not care for the rest of the immigration bill. I guess you can't have everything and who knows if it will actually pass or not be amended once the CS lobby gets a hold of it (if there is a CS lobby, who knows?) I do not know if it will survive, get changed, etc. In fact, I do not agree with the bill, it is basically amnesty in a pretty package. But I hope the time comes when we can dump these parasitic CS's from the process.

Thanks for the INFO, not really encouraging news altogether, But thanks nonetheless. It was interesting during the interview the rep kept apologizing for not reviewing our file earlier, because of her case load from the Haitian disaster. Then she told me she would skip the entire personal question section because I had learned to speak Basic Russian FOR MY WIFE. She was very scattered and confused and at one point suggested a break so we went to the car and grabbed some translations of the vaccinations for Aleksey. The whole process was just very different than what i was told.

Dr. Bill

[Gary and Alla 3,694]

Thanks for the INFO, not really encouraging news altogether, But thanks nonetheless. It was interesting during the interview the rep kept apologizing for not reviewing our file earlier, because of her case load from the Haitian disaster. Then she told me she would skip the entire personal question section because I had learned to speak Basic Russian FOR MY WIFE. She was very scattered and confused and at one point suggested a break so we went to the car and grabbed some translations of the vaccinations for Aleksey. The whole process was just very different than what i was told.

Dr. Bill

FYI, no matter what she said, the AOS CANNOT be approved without vaccinations. What she measn is "approved pending vaccinations" If it gets denied, there will be no "defense" that "she said..." However if it gets denied, it seems that it can be re-opened and green cards received.

[drbilldc 0]

FYI, no matter what she said, the AOS CANNOT be approved without vaccinations. What she measn is "approved pending vaccinations" If it gets denied, there will be no "defense" that "she said..." However if it gets denied, it seems that it can be re-opened and green cards received.

yes I know her word isn't binding. I guess my point was that It was very different than what i expected is all, she was overwhelmed and seemed scatterbrained a little and at certain point of the interview it seemed as if WE were guiding HER on what to do. I am going to preemptively send a letter of explanation about the time line, It can't hurt and gives me the sense of being proactive..LOL!!

[drbilldc 0]

1 down!!!! 1 to go !! got this message after an sms from USCIS--> : On October 15, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.

[Otto 83]

** A question posted has been split off into its own thread/topic - this should aid in getting a direct response.

http://www.visajourney.com/forums/topic/278733-k-1-aos-vaccines-what-exactly-is-required/