RFE for Medical (split Topic)

[SingleDad2usc 71]

Has anyone encountered these two oddities:

1. I-485 approval without interview (after approved I-360)

2. RFE for medical (way after medical was submitted) - who at uscis would be willing to pinpoint on the phone THE EXACT REASON medical RFE is issued? Has uscis ever admitted to any attorney having misplaced a medical?

Edited April 21, 2014 by SingleDad2usc

[SingleDad2usc 71]

How long does it currently take to get InfoPass appointment in NYC?

Other than InfoPass, has anyone (or their attorney) been ever able OVER-THE-PHONE to get a USCIS person to look into your file, or pull up notation on your file?

At question is "Request for Initial Evidence (I-485)":

x Submit a properly completed and signed Form I-693.

If you have already submitted Form I-693, either all pages are not present, or all the pages are not of the same revision date.

Can't the USCIS fathom a situation where all of the above has IN FACT been already complied with. Why can't their RFE specify WHAT IS LACKING?? This RFE language doesn't admit or deny whether USCIS has I-693 in this client's file or not...The client's attorney has USCIS's return receipt from many months ago for I-693. How is the Civil Surgeon supposed to produce a new I-693 packet, without charging for it??

[belinda63 3,038]

1. Check online appointment availability

2. They would have to speak to the specific person reviewing the file so no.

3. They do all the time

4. it does

5. They probably won't.

[SingleDad2usc 71]

not helpful. I'm not asking for guesses. I'm asking if someone has recently done Infopass in NYC, or if someone (via attorney?) has reached such USCIS employee over the phone, who could actually see anything (at least notation) related to individual file

[belinda63 3,038]

Sorry for trying to be helpful. Why don't you go online and see when the next available appointment for infopass is? This would be the best way to tell you how long you will have to wait. Even if someone came on who had made an infopass appointment today it doesn't mean there is another appointment available for that same day. You have to go online to make the appointment and when you do this it will show the available appointment times and days. It is highly unlikely the infopass will garner you any additional information unless they have your case file there at the office and will permit you to speak to the person reviewing your case.

As to an RFE all they person on the phone can see is that one was mailed to you. They will not (or maybe cannot) tell you what it is much less give you what specific item or line number you need to correct, only the person who has the file and sent the RFE can do that and they are not reachable by phone for queries. As has been stated in other threads on this board the person you reach by phone will not give any information about the RFE, they will tell you to wait for the letter.

Best thing to do, rather than arguing with a government official who has the authority to deny your I-485 is to simply comply with the RFE.

But since I can't give you the answer you want just ignore my advice.

Edited April 26, 2014 by belinda63

[SingleDad2usc 71]

So the Infopass appointments are just as useless as the phone inquiries? Even an attorney can't ask to decipher an ambiguous Notice?

[belinda63 3,038]

I have seen on this board people receive RFEs for the medicals because the Civil Surgeon did not use the most current form. There have been incorrectly filled out medical reports. There have been RFEs for medical reports that were turned in at CBP as they were supposed to be but later lost although all the other paperwork in the envelope was received. I have seen over and over again people receive RFEs for paperwork they know they sent in with their packet. If you search the board you will find numerous instances of RFEs for paperwork that was sent and lost or paperwork that was no properly filled out.

The specific reason is really irrelevant. You need to have a correctly filled out medical exam sent to them by the deadline given on the RFE or your I-485 will be denied.

[Sandra G. 5,047]

By the way USCIS can't provide any information over the phone regarding AOS to Vawa filers,not even the Tier 2 will say something about the case.In your case you have a lawyer then they may provide some information over the phone to your lawyer, BUT NEVER EVER to the petitioner (IN VAWA CASES and REGARDING AOS for Vawa filer), not even if the alien is self petitioning without a lawyer.But the information they have is the one stated in the RFE.

[SingleDad2usc 71]

"But the information they have is the one stated in the RFE." that's the killer: what's stated in RFE is neither admitting nor denying that NBC has your medical. It's neither admitting nor denying that Civil Surgeon is doing/not doing something that's not to their liking.

The result: even if client pays and gets a new I-693, what's guarantee USCIS will like it? How is it that even an attorney can't get speedy clarification? (Attorney has USCIS's return receipt for I-693 mailed months ago, although mailed not to NBC but rather to VAWA unit in Vermont)

Edited April 26, 2014 by SingleDad2usc

[Ontarkie 14,221]

~~Thread split from an unrelated topic. Please do not post your question(s) in another members thread it makes it harder to get clear responses. ~~

[Villanelle 4,122]

Im not sure how much more clarification you are seeking. Sure it would be great if USCIS provided each of us with a personal caseworker and a direct phone number to said caseworker but it just doesnt work that way.

All your answers are in this thread and in your hands.

Some people have had success with calling and speaking to a tier 2 rep who can access notes (if there are any that the adjudicator left) that will provide more info about RFEs. However like sandra explained with a VAWA case even the tier 2 rep will not be able to disclose to you any notes due to it being a VAWA case. So you can try to have your lawyer call and get a tier 2 and obtain clarification but it seems like that will be a waste of time.

The RFE says what they want. Theres little point in trying to figure out why they want it or what happened to the original. Just do it even if youve already done it.

RFEs are basic form letters, so they dont give specific reasons just general things that do leave you scratching your head a bit. Yours says-

x Submit a properly completed and signed Form I-693.

If you have already submitted Form I-693, either all pages are not present, or all the pages are not of the same revision date.

Stop caring about why and just do it. Your file is lacking the 693. Fix it. either all the pages are not present (maybe the guy split his coffee on one of them, maybe one flew out the window or landed in the trash by accident, or one page has a different revision date) Maybe its not signed to their liking, they prefer blue ink documents over black so its sure to not be a photocopy.

So check what you sent in, if the revision dates all match and the signatures are all good, then resubmit it. If its not, then get the form filled out again and resubmit it.

[SingleDad2usc 71]

Capri, you're the best - but you've missed the gist. The RFE language (ambiguous on purpose?) is the worst possible for the client.

Scenario 1: USCIS misplaced the medical. Then say: "We do not have your I-693" Client then knows to simply swallow the cost of a new packet - and take your advice.

Scenario 2: USCIS has the five pages that were sent to them in sealed by CS envelope. But CS did something wrong on those five pages - then list it!! The client can take such a letter to CS and get CORRECT new packet (and at waived additional charge).

Unfortunately, the RFE language doesn't allow for this execution; how can attorney obtain their speedy clarification?

[Villanelle 4,122]

Ok, they did say we do not have your medical- ie you got an RFE for to Submit a properly completed and signed Form I-693.

why the ambiguous form language and not a casual note in plain English from the person who sent it out? Because thats the way RFEs work. The Gov likes to keep things streamlined and give everyone the same response/treat everyone fairly so theres no room to complain and have Joe say I was mistreated because Im from Asia or Sara was treated preferentially because shes from London.

Hence RFEs with drop down check boxes and the person filling it out chooses what suits the situation best. Sucks. Yes.

Again, the only way for you a VAWA filer to possibly get additional clarification is like sandra said, try to have your attny contact a tier 2 rep on the phone and see if the adjudicator left any notes on the file that the tier 2 rep can see stating what the problem was. (this is unlikely- they are probably just going to say hmm well it says here your client needs a medical form we dont have one thats completed properly, send another one in)

But in either situation youre not going to get a new medical at NO COST from the CS unless you bring back the copy you have and its on papers that are not matching editions or you review it line by line yourself and find a signature missing. OR you can bring in your RFE and raise hell at the CS and insist they give you a new medical for free or discounted as the RFE states clearly (when its really not but that would be your stance) CLEARLY there was something wrong with the medical THEY did because you have proof of mailing it and USCIS didnt like it. So they MUST provide you with another. Here is your proof that you mailed it, here is your proof that they dont like it, so they must do something because you are an unsatisfied customer and will continue to make noise till they do something,

Perhaps you like that option better?

Either way your options are the same as theyve always been. Submit a medical by the deadline. Review your old one and if confident in it, resend it. Or get a new one- pay for it or raise hell to get it free or discounted. But send one.

[SingleDad2usc 71]

well you're better than the best capri. Thank you!

This only leaves one question to the forum: whose attorney was able to get such clarification from tier2?

[belinda63 3,038]

The answer is no one. Just either have a new medical, send another sealed copy of the old one, or ignore the request.

I don't know why you are asking us, why don't you ask your attorney?