K2 Visa AOS Denied

[vadelice 0]

Me and my wife received a letter of denial for our 5 year old son (K2) for the AOS, because he was missing a the TB shot on the medical.

The medical was done in his home country, and is good up to 1 year.

We filed everything on time.

We have 30 days from the receipt of the letter. Its been about 8 days now as we have been trying to get all of the paperwork together

Is there any form we can use to re-open the case?

Is there any fee waiver form we can use?

Any help would be appreciated.

[Harpa Timsah 13,258]

You never got a Request for Evidence (RFE) for the incomplete medical?

[baron555 934]

Me and my wife received a letter of denial for our 5 year old son (K2) for the AOS, because he was missing a the TB shot on the medical.

The medical was done in his home country, and is good up to 1 year.

We filed everything on time.

We have 30 days from the receipt of the letter. Its been about 8 days now as we have been trying to get all of the paperwork together

Is there any form we can use to re-open the case?

Is there any fee waiver form we can use?

Any help would be appreciated.

You obviously didn't have a CS transcribe the vaccination records onto a I-693?

Go and get the TB pronto and send in the papers.....move quickly......or else you'll have to refile all over again, with a new payment.

[vadelice 0]

They say I have 30 days to re-open the case.

Is there a fee waiver form?

They told me I have to submit one form which cost $630.

Does the TB shot have to be at an approved location? or at his local school?

[JimVaPhuong 4,863]

They say I have 30 days to re-open the case.

Is there a fee waiver form?

They told me I have to submit one form which cost $630.

Does the TB shot have to be at an approved location? or at his local school?

If the AOS was denied then you have to file a motion to reopen. No further evidence will be accepted in a denied case unless you file the motion to reopen. It's the I-290B, and yes - the fee is $630.

There is a fee waiver form. It's the I-912. The fee for an I-290B can only be waived if the underlying petition you're trying to reopen was fee waived. In other words, if you got a fee waiver for the K2's I-485 then you can also get a fee waiver for the I-290B. Since I-485's for a K2 are not eligible for a fee waiver, I don't think you have any choice except to pay the fee. I strongly suggest you don't even try to get the I-290B fee waived. Both the fee waiver and motion to reopen will be denied, and you'll lose precious time.

The TB test must be confirmed by a civil surgeon who is approved by USCIS. If the civil surgeon is willing to sign an I-693 based on a test which was done at your local school then that's fine. Otherwise, the civil surgeon will have to perform the test. The main thing you need is a civil surgeon's John Hancock on an I-693 stating that the K2 had a TST and the result was negative.

[vadelice 0]

If the AOS was denied then you have to file a motion to reopen. No further evidence will be accepted in a denied case unless you file the motion to reopen. It's the I-290B, and yes - the fee is $630.

There is a fee waiver form. It's the I-912. The fee for an I-290B can only be waived if the underlying petition you're trying to reopen was fee waived. In other words, if you got a fee waiver for the K2's I-485 then you can also get a fee waiver for the I-290B. Since I-485's for a K2 are not eligible for a fee waiver, I don't think you have any choice except to pay the fee. I strongly suggest you don't even try to get the I-290B fee waived. Both the fee waiver and motion to reopen will be denied, and you'll lose precious time.

The TB test must be confirmed by a civil surgeon who is approved by USCIS. If the civil surgeon is willing to sign an I-693 based on a test which was done at your local school then that's fine. Otherwise, the civil surgeon will have to perform the test. The main thing you need is a civil surgeon's John Hancock on an I-693 stating that the K2 had a TST and the result was negative.

Thanks for your info. I really appreciate it

No Fee was ever waived, so I guess we have to pay. The thing is if we can't come up with the money in 30 days can we get an extension?

[JimVaPhuong 4,863]

Thanks for your info. I really appreciate it

No Fee was ever waived, so I guess we have to pay. The thing is if we can't come up with the money in 30 days can we get an extension?

Unfortunately, no. You'd have to file a new I-485, and since it wouldn't be concurrently filed with the primary beneficiary's I-485 you'd have to pay the full fees of $985. In the meantime, there would be a very real possibility that they would begin removal proceedings against your son. Do whatever you can to come up with the money.

[vadelice 0]

Thanks again.

I appreciate it.

[vadelice 0]

Is it possible to forego a motion altogether and just file the I-751?

[Harpa Timsah 13,258]

Is it possible to forego a motion altogether and just file the I-751?

Absolutely not. The I-751 is for people who have been Permanent Residents for 2 years already. You must file the motion to reconsider, or refile. Reconsider is cheaper. You didn't answer my first question. Did they send an RFE for the TB and you didn't respond? They won't simply deny without telling you there is missing information.

[vadelice 0]

Absolutely not. The I-751 is for people who have been Permanent Residents for 2 years already. You must file the motion to reconsider, or refile. Reconsider is cheaper. You didn't answer my first question. Did they send an RFE for the TB and you didn't respond? They won't simply deny without telling you there is missing information.

I think they did, but I don't think they said what was needed until they denied our AOS. I will check & reply back to see if it was truly on the RFE.

Thanks again

[Nich-Nick 3,354]

You obviously didn't have a CS transcribe the vaccination records onto a I-693?

Tests for TB are not vaccinations. Clearance from TB should have been done at the medical for anyone over 2 years old by the panel physician. It's a test much like a blood test for syphilis.

[JimVaPhuong 4,863]

Tests for TB are not vaccinations. Clearance from TB should have been done at the medical for anyone over 2 years old by the panel physician. It's a test much like a blood test for syphilis.

Yeah, it's similar to the syphilis blood test in that it sometimes involves a hypodermic needle. That's about where the similarity ends. The TB bacteria typically lives in the lungs, so the bacteria itself isn't usually detectable in the blood. However, they can test for the presence of antibodies to the bacteria in the blood, which would indicate exposure to the bacteria. This is usually done by injecting a small amount of sterile bacteria under the skin, usually on the forearm, and then looking for a reaction a few days later. A red spot more than 5mm would be considered a positive reaction. Second tier screening involves a chest x-ray. Panel physicians in many countries don't do the tuberculin skin test (TST) because a large percentage of the population in that country have been exposed to the virus, so they go directly to the chest x-ray.

The CDC guidelines require a TST, but USCIS usually waives this if a chest x-ray was performed by the panel physician. There have been a few cases here on VJ where an IO insisted on the CDC guidelines being followed to the letter, and required the applicant to have a TST that was certified by a civil surgeon.

[Nich-Nick 3,354]

Yeah, it's similar to the syphilis blood test in that it sometimes involves a hypodermic needle. That's about where the similarity ends.

Jim the point is that it's a TEST not that it's medically like a test for syphilis. A TB clearance does not appear on an immunization form. A civil surgeon does not transcribe it to Part 2 of the I-693 along with the MMR and Tdap, nor does it appear on the DS-3025. Just emphasizing it's not an immunization.

Edited April 9, 2011 by Nich-Nick

[vadelice 0]

Hi Harpa,

I tried looking all over for the original RFE, I just remembered it was sent back to them when they originally requested I do a new medical. They said I needed to send that back to them with any evidence.

I originally discuss with the immigration over the phone and told them my situation. I told them we did a medical before coming to the states. They said my medical was good for 1 year. They said submit a letter with a copy of the medical and stating is this is all that is required?.

So I did that and they sent me a letter of denial for our sons AOS. On that letter it said our son was not tested for TB. Now I am going through this to reopen the case.

I wish they would have said that on the original RFE they sent, that he needed a TB shot.

Now I am a little confused on the I-290B form, should I submit the evidence with the form of a new TB shot? and which box should I check on the form regarding the case?

1. I am filing an appeal. My breif and/or additional evidence is attached.

2. I am filing an appeal. My brief and/or additional evidence will be submitted to the AAO within 30 days.

3. I am filing an appeal. No supplemental brief and/or additional evidence will be submitted.

4. I am filing a motion to reopen a decision. My brief and/or additional evidence is attached.

5. I am filing a motion to reconsider a decision. My brief is attached.

6. I am filing a motion to reopen and a motion to reconsider a decision. My brief and/or additional evidence is attached.

Thanks