Why does USCIS choose to sometimes ignore their own policy regarding validity of medical exam done for K-1 applicants?

[vocal 41]

Hey,

 

This is an excerpt from the official USCIS policy manual which can be found here: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter3.html#S-B (boldface mine)

 

Quote

4. K or V Nonimmigrants Applying for Adjustment ^[26]

 

K and V nonimmigrants applying for adjustment of status are not required to repeat the medical examination if the application was filed within one year of the date of the original medical examination, and:

 

•The medical examination did not reveal a Class A medical condition; or 

•The applicant received a conditional waiver in conjunction with the K or V nonimmigrant visa or the change of status to V and the applicant submits evidence of compliance with the waiver terms and conditions. ^[27] 

 

It seems to be as clear as day, am I crazy? I am a K nonimmigrant applying for AOS and I should not be required to repeat the medical exam because it did not reveal any Class A medical condition.

Why does USCIS seem to ignore this at times? Will presenting this as "proof" to the officer in the AOS interview matter at all?

 

Thanks

[Lemonslice 4,838]

Has it been over a year since your medical was completed?

That's the first condition to be met in the text you quoted.

Edited July 24, 2018 by Lemonslice

[vocal 41]

5 minutes ago, Lemonslice said:

Has it been over a year since your medical was completed?

That's the first condition to be met in the text you quoted.

Yes. It was completed Feb 2017, filed for AOS on May 2017 (so obviously within USCIS limits for filing with medical..)

Edited July 24, 2018 by vocal

[Alabamak1 688]

from what i have read here in VJ...different people have different experiences in this. I agree they do not follow their own procedures to the letter. Did you get an RFE for that?

[AshMarty 360]

51 minutes ago, vocal said:

Yes. It was completed Feb 2017, filed for AOS on May 2017 (so obviously within USCIS limits for filing with medical..)

If AOS takes over a year from your date of filing to interview then it expires .  Did you have an interview after May 2018?

 

https://www.uscis.gov/news/alerts/uscis-issues-new-policy-form-i-693-report-medical-examination-and-vaccination-record

 

"Starting June 1, 2014, USCIS will limit the validity period for all Forms I-693, Report of Medical Examination and Vaccination Record, to one year from the date of submission to USCIS."

Edited July 24, 2018 by AshMarty

[vocal 41]

1 hour ago, AshMarty said:

If AOS takes over a year from your date of filing to interview then it expires .  Did you have an interview after May 2018?

 

https://www.uscis.gov/news/alerts/uscis-issues-new-policy-form-i-693-report-medical-examination-and-vaccination-record

 

"Starting June 1, 2014, USCIS will limit the validity period for all Forms I-693, Report of Medical Examination and Vaccination Record, to one year from the date of submission to USCIS."

This isn't reflected in their official documents though, which is the weird part. 

 

My interview is in 3 weeks and I'm preparing for it. This is my only concern. Other than the medical our case is probably the most air-tight ever witnessed by USCIS... I guess I'll just hope the officer is nice enough to not require a new medical. Ty! 

[FlashLG 152]

I'm in a similar situation. My medical was July 7th 2017, and I filed for AOS in November 2017. My interview is this Friday 27th July, so at which point my medical would have taken place a year and 3 weeks ago. I'm now concerned that my medical, having taken place slightly over a year ago, may cause an issue, even though it was only 4 months old when I filed for AOS.

[AshMarty 360]

36 minutes ago, vocal said:

This isn't reflected in their official documents though, which is the weird part. 

 

My interview is in 3 weeks and I'm preparing for it. This is my only concern. Other than the medical our case is probably the most air-tight ever witnessed by USCIS... I guess I'll just hope the officer is nice enough to not require a new medical. Ty! 

It is in their official documents:  Here is section 4 of the  Policy Manual ( I just followed the link of the update I posted in the previous post).

^{https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html}

 

4. Validity Period of Form I-693 (Including Use of Prior Versions)

Evidentiary Value

 

A person seeking an immigration benefit and who is subject to medical grounds of inadmissibility must establish that he or she is not inadmissible on medical grounds. ^[20] In general, those applying for immigration benefits while in the United States must use Form I-693 to show they are free from any conditions that would render them inadmissible. 

 

An officer may determine that the applicant has met the burden of proof required to establish that he or she is free from a medical condition that would render the applicant inadmissible if all of the following criteria are met:

 

•The medical exam was performed by a USCIS-designated civil surgeon in accordance with HHS regulations;

•The medical examination report was properly completed; ^[21] 

•The medical examination report was submitted to USCIS less than one year after completion of the examination;^[22] 

•The benefit application ^[23] is adjudicated no more than one year after the date the medical examination report was submitted to USCIS; ^[24] and

•The medical examination report establishes that the applicant does not have a Class A medical condition and has complied with the vaccination requirements or is granted a waiver. ^[25] 

 

^{https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html} 

 

 

 

Edited July 25, 2018 by AshMarty

[vocal 41]

7 minutes ago, AshMarty said:

It is in their official documents:  Here is section 4 of the  Policy Manual ( I just followed the link of the update I posted in the previous post).

^{https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html}

 

4. Validity Period of Form I-693 (Including Use of Prior Versions)

Evidentiary Value

 

A person seeking an immigration benefit and who is subject to medical grounds of inadmissibility must establish that he or she is not inadmissible on medical grounds. ^[20] In general, those applying for immigration benefits while in the United States must use Form I-693 to show they are free from any conditions that would render them inadmissible. 

 

An officer may determine that the applicant has met the burden of proof required to establish that he or she is free from a medical condition that would render the applicant inadmissible if all of the following criteria are met:

 

•The medical exam was performed by a USCIS-designated civil surgeon in accordance with HHS regulations;

•The medical examination report was properly completed; ^[21] 

•The medical examination report was submitted to USCIS less than one year after completion of the examination;^[22] 

•The benefit application ^[23] is adjudicated no more than one year after the date the medical examination report was submitted to USCIS; ^[24] and

•The medical examination report establishes that the applicant does not have a Class A medical condition and has complied with the vaccination requirements or is granted a waiver. ^[25] 

 

^{https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html} 

 

 

 

... And after that section there is the exception for K applicants... 

[AshMarty 360]

9 hours ago, vocal said:

... And after that section there is the exception for K applicants... 

Just to help clarify the chapter you quoted is actually before the chapter I quoted, not an exception for K1 after the section I posted. The section you quoted is about the Application meaning that when a K1 applies for AOS they may not need another Medical examination, for the application process submission.

 

Hopefully this will clarify any questions or concerns you have about the medical and its expiration. Many people in my local office, that were K1 applicants, did have their medical expire because the interview was a year after the AOS submission. You can search this topic on the forum here as it is discussed frequently here.  

Chapter 3 – Applicability of Medical Examination and Vaccination Requirement

4. K or V Nonimmigrants Applying for Adjustment ^[26]

 

K and V nonimmigrants applying for adjustment of status are not required to repeat the medical examination if the application was filed within one year of the date of the original medical examination, and:

 

•The medical examination did not reveal a Class A medical condition; or 

•The applicant received a conditional waiver in conjunction with the K or V nonimmigrant visa or the change of status to V and the applicant submits evidence of compliance with the waiver terms and conditions. ^[27

 

.... if you meet the requirements above no need for a new medical before you apply for AOS. 

 

 

****Now the next section is for all immigrants including the K visa (because once we applied we are just like all other AOS applicants). It describes how the Medical examine will be  reviewed once submitted**** 

 

Chapter 4 – Review of Medical Examination Documentation

 

 4. Validity Period of Form I-693 (Including Use of Prior Versions)

Evidentiary Value

 

A person seeking an immigration benefit and who is subject to medical grounds of inadmissibility must establish that he or she is not inadmissible on medical grounds. ^[20] In general, those applying for immigration benefits while in the United States must use Form I-693 to show they are free from any conditions that would render them inadmissible. 

 

An officer may determine that the applicant has met the burden of proof required to establish that he or she is free from a medical condition that would render the applicant inadmissible if all of the following criteria are met:

 

•The medical exam was performed by a USCIS-designated civil surgeon in accordance with HHS regulations;

•The medical examination report was properly completed; ^[21] 

•The medical examination report was submitted to USCIS less than one year after completion of the examination;^[22] 

•The benefit application ^[23] is adjudicated no more than one year after the date the medical examination report was submitted to USCIS; ^[24] and

•The medical examination report establishes that the applicant does not have a Class A medical condition and has complied with the vaccination requirements or is granted a waiver. ^[25] 

 

•  

Edited July 25, 2018 by AshMarty

[AshMarty 360]

9 minutes ago, AshMarty said:

Just to help clarify the chapter you quoted is actually before the chapter I quoted, not an exception for K1 after the section I posted. The section you quoted is about the Application meaning that when a K1 applies for AOS they may not need another Medical examination, for the application submission. The section that I later posted is about reviewing the medical once it has been submitted for and is for all immigrants including the K visa (because once we applied we are just like all other AOS applicants.

 

Hopefully this will clarify any questions or concerns you have about the medical and its expiration. Many people in my local office, that were K1 applicants, did have their medical expire because the interview was a year after the AOS submission. You can search this topic on the forum here as it is discussed frequently here.  

Chapter 3 – Applicability of Medical Examination and Vaccination Requirement

4. K or V Nonimmigrants Applying for Adjustment ^[26]

 

K and V nonimmigrants applying for adjustment of status are not required to repeat the medical examination if the application was filed within one year of the date of the original medical examination, and:

 

•The medical examination did not reveal a Class A medical condition; or 

•The applicant received a conditional waiver in conjunction with the K or V nonimmigrant visa or the change of status to V and the applicant submits evidence of compliance with the waiver terms and conditions. ^[27

 

.... if you meet the requirements above no need for a new medical before you apply for AOS. 

 

 

****Now the next section is for all immigrants including the K visa (because once we applied we are just like all other AOS applicants). It describes how the Medical examine will be  reviewed once submitted**** 

 

Chapter 4 – Review of Medical Examination Documentation

 

 4. Validity Period of Form I-693 (Including Use of Prior Versions)

Evidentiary Value

 

A person seeking an immigration benefit and who is subject to medical grounds of inadmissibility must establish that he or she is not inadmissible on medical grounds. ^[20] In general, those applying for immigration benefits while in the United States must use Form I-693 to show they are free from any conditions that would render them inadmissible. 

 

An officer may determine that the applicant has met the burden of proof required to establish that he or she is free from a medical condition that would render the applicant inadmissible if all of the following criteria are met:

 

•The medical exam was performed by a USCIS-designated civil surgeon in accordance with HHS regulations;

•The medical examination report was properly completed; ^[21] 

•The medical examination report was submitted to USCIS less than one year after completion of the examination;^[22] 

•The benefit application ^[23] is adjudicated no more than one year after the date the medical examination report was submitted to USCIS; ^[24] and

•The medical examination report establishes that the applicant does not have a Class A medical condition and has complied with the vaccination requirements or is granted a waiver. ^[25] 

 

•  

 

Edited July 25, 2018 by AshMarty

[AshMarty 360]

15 hours ago, FlashLG said:

I'm in a similar situation. My medical was July 7th 2017, and I filed for AOS in November 2017. My interview is this Friday 27th July, so at which point my medical would have taken place a year and 3 weeks ago. I'm now concerned that my medical, having taken place slightly over a year ago, may cause an issue, even though it was only 4 months old when I filed for AOS.

Your medical will be valid until November 2018. So as long as you have your Green Card/Approval before this date you should be good to go

 

You have a year to file AOS from the date of the K1 medical. The submission of AOS basically resets the clock for another year of validity for your medical from your K1 procress. If your interview is after November (whatever date of submission) 2018 then you have to get a new medical.

 

Hopefully this helps you out! 

Edited July 25, 2018 by AshMarty

[FlashLG 152]

19 minutes ago, AshMarty said:

Your medical will be valid until November 2018. So as long as you have your Green Card/Approval before this date you should be good to go

 

You have a year to file AOS from the date of the K1 medical. The submission of AOS basically resets the clock for another year of validity for your medical from your K1 procress. If your interview is after November (whatever date of submission) 2018 then you have to get a new medical.

 

Hopefully this helps you out! 

Thanks for explaining so clearly. If only USCIS explained things so easily! I had come to this conclusion too since my post, after reading some of your other comments on this thread. 

Thanks!

[TNJ17 1,329]

16 hours ago, FlashLG said:

I'm in a similar situation. My medical was July 7th 2017, and I filed for AOS in November 2017. My interview is this Friday 27th July, so at which point my medical would have taken place a year and 3 weeks ago. I'm now concerned that my medical, having taken place slightly over a year ago, may cause an issue, even though it was only 4 months old when I filed for AOS.

your situation is different. It has not been a year since you filed for AOS so you don't need a new medical. The other person however may need one on the basis of these new rules because it's been over a year since they filed for AOS.

[NYLondon 142]

17 hours ago, AshMarty said:

It is in their official documents:  Here is section 4 of the  Policy Manual ( I just followed the link of the update I posted in the previous post).

^{https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html}

 

4. Validity Period of Form I-693 (Including Use of Prior Versions)

Evidentiary Value

 

A person seeking an immigration benefit and who is subject to medical grounds of inadmissibility must establish that he or she is not inadmissible on medical grounds. ^[20] In general, those applying for immigration benefits while in the United States must use Form I-693 to show they are free from any conditions that would render them inadmissible. 

 

An officer may determine that the applicant has met the burden of proof required to establish that he or she is free from a medical condition that would render the applicant inadmissible if all of the following criteria are met:

 

•The medical exam was performed by a USCIS-designated civil surgeon in accordance with HHS regulations;

•The medical examination report was properly completed; ^[21] 

•The medical examination report was submitted to USCIS less than one year after completion of the examination;^[22] 

•The benefit application ^[23] is adjudicated no more than one year after the date the medical examination report was submitted to USCIS; ^[24] and

•The medical examination report establishes that the applicant does not have a Class A medical condition and has complied with the vaccination requirements or is granted a waiver. ^[25] 

 

^{https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html} 

 

 

 

@Cmoran72