adjustment of status My green card has been denied because of the doctors mistakes!

[Mari181 30]

Hi everyone! I want to share my green card story. My area is Oakland park. 

I entered the US by the K1 visa on December  2015. My husband (US citizen) and me got married on January 2016.

On February 2016 we sent my paper work (we had a lawyer) to USCIS and on November 2016 we had an interview. 

The interview was very friendly, a woman was very nice, she asked just two regular questions. At the end she said that everything is fine, but while we were waiting for the interview,  my medical exam had been expired and that I will need to to the medical test again. 

So we quickly did the medical and sent it to USCIS (the doctor refused to give me the copies, she said that she is not allowed to). Later we received a notice from  USCIS saying that the surgeon did not fill the line for the Gonorrhea test result, she just simply left it blank!

We went to the doctor again and asked her to refill the form, so she "did"...We sent it to USCIS and then we got a denial!!!! By that time we traveled and when we were returning to the US, I was stopped on the passport control, they asked me a lot of questions and said that my green card has been denied, my advanced parole is automatically became invalid and that I cannot enter the US any more!

We told them that we did not receive any denial notice, we checked my status online immediately and it wasn't changed! So we really did not know that I have been denied. The custom officers was very kind to us, they understood our situation and let us entered.   

The denial notice said that the medical form was not fill properly and the Gonorrhea result was not mentioned!!! So the doctor did the same mistake twice!!

We did the motion to reopen on January 2017, we had to do a new medical examination but of course in another medical center. We receive an answer on December 2017 saying that decision remains unchanged!!!! They agreed that the envelope was sealed and I could not see what was in there and that it was the surgeon mistake, but I was the one who was responsible....I cant describe my pain!!!! I cant travel, I can not drive, I do not know when I will see my family in Russia!!! 

The problem is that when you do the motion to reopen, you don't have any status while it is pending, so literally I was illegal for more than a year! We realized it after sometime, the lawyer did not inform us. So it was better for us to apply for adjustment of status instead of doing a motion to reopen. 

So on January 2018 I did the 4th medical examination to apply for adjustment of status (permanent residency). I've already had my bio-metrics. It is being 5 month  already and I did not receive my advanced parole yet(( The timing is crazy now, I cant believe it may take up to 21.5 months!  

I am not sure if I can travel after I receive my advanced parole. As I read it is a big risk, I may not be allowed to enter the US during 10 years as I stayed illegally here by the stupid mistake.  

Edited June 19, 2018 by Mari181

[Boiler 45,466]

You can probably use AP without issue, not sure I would risk it.

[Mari181 30]

28 minutes ago, Boiler said:

You can probably use AP without issue, not sure I would risk it.

 

28 minutes ago, Boiler said:

You can probably use AP without issue, not sure I would risk it.

Thank you, so am I... You never know...

[Going through 5,671]

Ugh what a mess for you.

 

If I were you, I wouldn't travel on the AP, unless for emergency reasons, just to play it safe.

[Mari181 30]

13 hours ago, Mari181 said:

 

New update: My AP was approved on June 18th 2018. So it took exactly 5 months.  

 

Edited June 19, 2018 by Mari181

[JSWH 262]

I am in shock, to say the least. I had no idea that things like that were even possible. Thanks for sharing your story, it will definitely help the other be extra careful.

 

I wish you luck and the happy ending of your story ASAP.

[Mari181 30]

Just now, JSWH said:

I am in shock, to say the least. I had no idea that things like that were even possible. Thanks for sharing your story, it will definitely help the other be extra careful.

 

I wish you luck and the happy ending of your story ASAP.

Thank you very much! I've never thought that its possible too! I just want people to not trust lawyers and doctors, they do not care about us, they care just about collecting their money. 

2 years and half we have to pay the government fees, the lawyer's fees, the medical fees every year! Over and over again! We do not know how long we will have to pay all that fees. Because of that fatal mistake made by the surgeon who was certified and trained by USCIS, I have to survive without an ID and driver's license. It is a nightmare for us.     

[Mmagic 127]

We went to AOS interview on the 9th of June. The interview went well until we were told My wife's Medical Exam was expired on March. The officer told her to take a new one and mail it to his attention in the sealed, unopened envelope from the Doctor. Three days later my wife did the Exam and everything was fine. They handed us a sealed envelope and also they gave her three of four copies of the test results they have done and they were all marked negative. I believe they are the same copies they have inside the envelope. So why they request the envelope to be sealed, I don't know, and why they would give us copies of the results, I don't know either. We sent it to USCIS and they received it Monday, 18th. Now we just wait for status change or maybe the green card in the mail since we were told we are good to go after they receive the Medical Exam.

[Mari181 30]

1 minute ago, Mmagic said:

We went to AOS interview on the 9th of June. The interview went well until we were told My wife's Medical Exam was expired on March. The officer told her to take a new one and mail it to his attention in the sealed, unopened envelope from the Doctor. Three days later my wife did the Exam and everything was fine. They handed us a sealed envelope and also they gave her three of four copies of the test results they have done and they were all marked negative. I believe they are the same copies they have inside the envelope. So why they request the envelope to be sealed, I don't know, and why they would give us copies of the results, I don't know either. We sent it to USCIS and they received it Monday, 18th. Now we just wait for status change or maybe the green card in the mail since we were told we are good to go after they receive the Medical Exam.

I am pretty sure everything will be fine with you guys. My doctor gave me the copies of the results, but she did not give me the copies of the medical form I-693. So she did not fill that form properly. It seemed that she did it special, because we begged her to fill the Gonorrhea column properly. So she did that twice! When our lawyer visited USCIS after my denial, he saw that medical form and he confirmed that the Gonorrhea column was not filled at all! And when I called that medical center to let them know that I was denied because of them, they said - "If you are denied why do you call us? its late, so leave the country!" You can't imagine my anger and frustration!  When we were there we always saw people arguing and complaining with the doctor. Always. Something wrong with that clinic. She was filling my medical form for 2 days, she seemed that she was not sure how to do it, she was not sure about vaccination order! My new doctor filled the I-693 form while I were there, it took 10 min for him to fill it! 

So I wish you to get your green card very soon guys!   

[JoJoJoJo 170]

21 hours ago, Mari181 said:

Hi everyone! I want to share my green card story. My area is Oakland park. 

I entered the US by the K1 visa on December  2015. My husband (US citizen) and me got married on January 2016.

On February 2016 we sent my paper work (we had a lawyer) to USCIS and on November 2016 we had an interview. 

The interview was very friendly, a woman was very nice, she asked just two regular questions. At the end she said that everything is fine, but while we were waiting for the interview,  my medical exam had been expired and that I will need to to the medical test again. 

So we quickly did the medical and sent it to USCIS (the doctor refused to give me the copies, she said that she is not allowed to). Later we received a notice from  USCIS saying that the surgeon did not fill the line for the Gonorrhea test result, she just simply left it blank!

We went to the doctor again and asked her to refill the form, so she "did"...We sent it to USCIS and then we got a denial!!!! By that time we traveled and when we were returning to the US, I was stopped on the passport control, they asked me a lot of questions and said that my green card has been denied, my advanced parole is automatically became invalid and that I cannot enter the US any more!

We told them that we did not receive any denial notice, we checked my status online immediately and it wasn't changed! So we really did not know that I have been denied. The custom officers was very kind to us, they understood our situation and let us entered.   

The denial notice said that the medical form was not fill properly and the Gonorrhea result was not mentioned!!! So the doctor did the same mistake twice!!

We did the motion to reopen on January 2017, we had to do a new medical examination but of course in another medical center. We receive an answer on December 2017 saying that decision remains unchanged!!!! They agreed that the envelope was sealed and I could not see what was in there and that it was the surgeon mistake, but I was the one who was responsible....I cant describe my pain!!!! I cant travel, I can not drive, I do not know when I will see my family in Russia!!! 

The problem is that when you do the motion to reopen, you don't have any status while it is pending, so literally I was illegal for more than a year! We realized it after sometime, the lawyer did not inform us. So it was better for us to apply for adjustment of status instead of doing a motion to reopen. 

So on January 2018 I did the 4th medical examination to apply for adjustment of status (permanent residency). I've already had my bio-metrics. It is being 5 month  already and I did not receive my advanced parole yet(( The timing is crazy now, I cant believe it may take up to 21.5 months!  

I am not sure if I can travel after I receive my advanced parole. As I read it is a big risk, I may not be allowed to enter the US during 10 years as I stayed illegally here by the stupid mistake.  

I thought the medical need to be valid WHEN you file AOS, not when you have your interview. Sorry if I misunderstood your situation, but just thought to bring it up.

[Mari181 30]

Just now, JoJoJoJo said:

I thought the medical need to be valid WHEN you file AOS, not when you have your interview. Sorry if I misunderstood your situation, but just thought to bring it up.

I thought so too! But it has to be valid  when you have your interview also. It is valid for one year. So if I won't be invited for my interview before January 2019, I will have to do my 5th medical exam again! I think no one never ever had to go through so many medical exams like me! No one in history.  

[Mmagic 127]

1 hour ago, JoJoJoJo said:

I thought the medical need to be valid WHEN you file AOS, not when you have your interview. Sorry if I misunderstood your situation, but just thought to bring it up.

We found out that the hard way. The Medical Exam has to be valid by the time of the interview or you will get RFE just like we did. Ours expired on March and the officer asked for new one and gave us RFE. 

 

[Orangesapples 1,954]

1 hour ago, Mari181 said:

I thought so too! But it has to be valid  when you have your interview also. It is valid for one year. So if I won't be invited for my interview before January 2019, I will have to do my 5th medical exam again! I think no one never ever had to go through so many medical exams like me! No one in history.  

Are you sure about that? My medical was in September 2016, I filed AOS in May 2017 and my interview was in February 2018. They had actually left parts of my medical at another office, so I didn't get approved right away because half of the medical papers weren't there. Then one month later my local office apparently received the missing papers and I was approved. I never had to do another medical. If your medical back home was compelete with all the vaccinations, etc, then they shouldn't have denied you. 

 

What you can do now about that doctor is leave a review here on visa journey with their name, as well as the clinic, leave reviews on Google and on Yelp. That's the only way to warn other people. 

[Mari181 30]

4 minutes ago, Orangesapples said:

Are you sure about that? My medical was in September 2016, I filed AOS in May 2017 and my interview was in February 2018. They had actually left parts of my medical at another office, so I didn't get approved right away because half of the medical papers weren't there. Then one month later my local office apparently received the missing papers and I was approved. I never had to do another medical. If your medical back home was compelete with all the vaccinations, etc, then they shouldn't have denied you. 

 

What you can do now about that doctor is leave a review here on visa journey with their name, as well as the clinic, leave reviews on Google and on Yelp. That's the only way to warn other people. 

Yes, I am sure! As I learned later on USCIS site, the medical exam must be valid by the time of the interview. You were just lucky. You are right I need to write the review to prevent others from that doctor. I will.  

Edited June 20, 2018 by Mari181

[Mmagic 127]

1 minute ago, Mari181 said:

Yes, I am sure! As I learned later on USCIS site, the medical exam must be valid by the time of the interview. You were just lucky. 

Yeap, we had the interview on June 9th and all went well, they asked for new Medical Exam since my wife's was expired. Maybe he is lucky or it is different form one USCIS office to another. We were not that lucky and got RFE.