MEDICAL EXAM ISSUE - Resulted in a DENIAL for Adjustment of Status

[Medicaldenial101 0]

Hey everyone,

 

I went to a Medical Examination back in August 2016, to have my medical sent off to the USCIS for my Adjustment of Status.  Everything else has been completed, fingerprints, everything.  I got an RFE saying that the medical part of my case had failed because the sealed envelope didn't include evidence, or a lab result of getting tested for Gonorrhea (however the box for Part 5. C Other Class A/Class B Conditions for Communicable Diseases of Public Health Significance was checked as (1) (a) No Class A/B Condition), I went back to the Medical Place and showed them this RFE, they did not see a problem with their test results and what they did, so they gave me another sealed envelope with the same test results to mail over to the USCIS, and yesterday I got a letter from the USCIS which was a Denial on my Adjustment of status to Greencard.  I went back to the Medical place today with the carefully explained Denial Notice, showing that the initial test results didn't show testing for Gonorrhea, and that the evidence submitted to them after the RFE was also insufficient with the same issue, only for them to now all of a sudden realize that they never tested me for Gonorrhea!!  So now I have to pay 675$ USCIS fee to reopen my case?  Should I be held responsible for those fees when clearly the Medical place that I went to should have been aware of the new Gonorrhea testing law from August 2016, and failed to notice that they hadn't done the Gonorrhea test when they were shown the RFE around Late December, with the only thing missing for my entire case was that Gonorrhea test with the lab results?  Is this not considered some type of negligence on their behalf to not complete the test properly upon paying them to do so and for me to have such a huge financial blow because of their mistake(s)?  Only for them to 'suddenly realize' after the fact?

 

Help! 

 

Thanks

[Medicaldenial101 0]

For the Record I don't have Gonorrhea.  The test will surely prove it.

[NancyNguyen 1,658]

Very bad experience. You best bet is to tell your surgeon to redo a completed medical exam with no cost and file a motion to reopen your case. It is not a good timing for arguing who's right or wrong here, and it was your surgeon's fault.

Edited February 15, 2017 by NancyNguyen

[freshgreengrass 12]

Just my personal anecdote here: I had my medical exam done in August 2016. However I did not have my AOS package ready until December 2016. While I was checking over all of the forms for the millionth time, I realized a slight error on my medical exam papers. I called the civil surgeon's office, and they told me to come in immediately to have the error fixed. Upon visiting the clinic, they informed me of the new requirement of getting tested for gonorrhea. I was not happy with having to pay more money for the test, but they said that my medical exam would be rejected if I didn't. So I agreed to have the test done.

 

Based on my experience, I am 100% telling you it is that clinic's fault for not being up to date with the new requirements. Not acceptable by any means.

Edited February 16, 2017 by freshgreengrass

[BPS288 18]

On 2/14/2017 at 6:22 PM, Medicaldenial101 said:

Hey everyone,

 

I went to a Medical Examination back in August 2016, to have my medical sent off to the USCIS for my Adjustment of Status.  Everything else has been completed, fingerprints, everything.  I got an RFE saying that the medical part of my case had failed because the sealed envelope didn't include evidence, or a lab result of getting tested for Gonorrhea (however the box for Part 5. C Other Class A/Class B Conditions for Communicable Diseases of Public Health Significance was checked as (1) (a) No Class A/B Condition), I went back to the Medical Place and showed them this RFE, they did not see a problem with their test results and what they did, so they gave me another sealed envelope with the same test results to mail over to the USCIS, and yesterday I got a letter from the USCIS which was a Denial on my Adjustment of status to Greencard.  I went back to the Medical place today with the carefully explained Denial Notice, showing that the initial test results didn't show testing for Gonorrhea, and that the evidence submitted to them after the RFE was also insufficient with the same issue, only for them to now all of a sudden realize that they never tested me for Gonorrhea!!  So now I have to pay 675$ USCIS fee to reopen my case?  Should I be held responsible for those fees when clearly the Medical place that I went to should have been aware of the new Gonorrhea testing law from August 2016, and failed to notice that they hadn't done the Gonorrhea test when they were shown the RFE around Late December, with the only thing missing for my entire case was that Gonorrhea test with the lab results?  Is this not considered some type of negligence on their behalf to not complete the test properly upon paying them to do so and for me to have such a huge financial blow because of their mistake(s)?  Only for them to 'suddenly realize' after the fact?

 

Help! 

 

Thanks

I had the same issue. The doc messed up on the section and it cost me my on the spot approval. The officer was really nice to me and offered to stamp my approval the same day if I could get the doc to do it before 4pm that day or I was told to mail it in if I didnt make it back. Well the doc at the center no longer worked there as soon as reached the office that day. I had to have another doc do it and the first office refused a refund giving me an excuse saying that they filled it out it was just incorrect. I am now trying to get my money back I paid with check so I will start with the bank first.