Appeal

[Suzyn0985 0]

Hello everyone I need your help, i am helping a church member appeal a decision that was made for her petition for I-485. She recently got a letter saying the petition was denied because the medical document that was submitted by the doctor was DS-2054 RATHER THEN I-693. They are giving her father to appeal or be deported by the 33 day. Now it gets more complicated because during the process and after the approval of a travel document he traveled abroad for medical and he got what he thought was the medical document by a designated embassy doctor abroad however since the doctor sealed it before giving it to him when the document was mailed to the USCIS from abroad they discovered that its the wrong medical form. Now he traveled back a few days ago to the US and  on the plane he hit his head and fainted and was rushed to the hospital from the airplane and was hosptalized for about a week then returned to be processed normally through immigration. Immigration said to appeal the decision within the 30 days by filling i-290b BUT no other instruction

 

Please advise me how to help her, should she take her father to another USICS doctor and complete the I-693 and submit it with I-290B. Should we also send the hospital reports to show that he fainted, currently he is very unstable for any further travel due to his medical condtiion. I also want to know since he would be the application on the i-290b is he elgible for a fee waiver since he is elderly with no income.

 

Thank you all, keep them in your prayers

[geowrian 22,337]

I have no idea why he left the US for a medical. For AOS, you must use a civil surgeon within the US. Panel physicians (abroad) are only for medical exams for visas.

Was the I-485 denied while he was abroad or after return?

 

His options are either:

1) Appeal and provide a properly completed I-693 upon completion of a medical by a US civil surgeon. See https://my.uscis.gov/findadoctor.

2) Start over with a new I-485 packet.

 

Option 1 is possible and likely slightly faster, but is also more risky - you generally need to show that their decision was incorrect. It sounds like the decision was correct based upon what was provided. Hoping they accept the I-693 later is the risk.

Option 2 takes longer and is more expensive, but carries no additional risk - it's a brand new case and will be treated as such.

 

A fee waiver is not possible here. Per the I-290B instructions:

Quote

Fee Waiver

USCIS may waive the fee for Form I-290B under 8 CFR 103.7(c) if you can show an inability to pay and:

1. The appeal or motion is from a denial of an immigration benefit request for which you were not required to pay a fee; or

2. The fee for the underlying application or petition could have been waived.

#1 does not apply as the I-485 does have a fee.

#2 does not apply as a fee waiver for the I-485 does not apply for family-based immigration cases (since an I-864 is required).

[TBoneTX 45,329]

Thread is moved from Polls forum to General Immigration Discussion.