I-485 denied

[milimelo 4,476]

You play it on two fronts - DS-3025 there - include it in. If not, you still have a valid claim that you weren’t even eligible to get hib and pneumococcal as it wasn’t age appropriate- provide screenshot of the cdc guidance above - it’s broken down by age. 

[dundeehighlander 17]

13 minutes ago, milimelo said:

You play it on two fronts - DS-3025 there - include it in. If not, you still have a valid claim that you weren’t even eligible to get hib and pneumococcal as it wasn’t age appropriate- provide screenshot of the cdc guidance above - it’s broken down by age. 

I am going down today to get a copy of the medical she sent in.  Once I have that, do I contact the USCIS with the evidence?  How do I "play it".

[milimelo 4,476]

7 minutes ago, dundeehighlander said:

I am going down today to get a copy of the medical she sent in.  Once I have that, do I contact the USCIS with the evidence?  How do I "play it".

You write a nice letter for your congressional/senator's immigration aide, detailing all the info you have and providing copies of evidence you have (DS-3025, CDC info on vaccines, that chart above showing it's not age appropriate). Then you ask assistance from them to get in touch with USCIS office that has your case (field office, where did the denial letter come from?) and ask them to reopen the case on the basis of misapplication of medical basis rules on vaccination in adjudication of AOS. 

 

If your congressional/senator's immigration aide office is nearby, you go there in person (schedule an appointment ahead of time in case they don't accept walk-ins) - if not, email should suffice  and then you can follow up with a phone call. When I had a USCIS issue (non-production of green card post POE), I handled it all via email. 

[dundeehighlander 17]

Thanks milimelo, that explains it very well, really appreciate your help.

[milimelo 4,476]

2 minutes ago, dundeehighlander said:

Thanks milimelo, that explains it very well, really appreciate your help.

Keep us posted how it goes - hopefully it's a quick fix and you get your GC soon. 

[dundeehighlander 17]

Hi again,

                An assistant from the congressional office has got back in touch and are asking to see evidence.  I will send this tomorrow.  As I mentioned before, I didn't get a copy of the I-693 at the time of the exam but went down today and they gave me a copy.  Is clear that the doctor has failed to check the two vaccination options in question and left them blank, it is her mistake but it looks like it will cost me dearly.  She has checked options on other not age appropriate vaccines but not those two.  Do I still have a chance of opening the case?

[Wuozopo 4,293]

13 hours ago, dundeehighlander said:

If I contact the doctor for a copy, would she be able to help change the outcome?  Regarding the copy of the medical, I honestly assumed that she would know what she was doing, I wouldn't know what boxes she had to tick on the form and of she had missed any.

There are two kinds of doctors. Which did you see?

1. Panel Physician- The one you saw in London for your K1 visa. You were not required to have vaccinations for. K1 so they would not offer them routinely. BUT you would need any missing shots to get approved for AOS. They would have given you a photocopy of your vaccination form. Did they tell you you had any shots missing? What did you do with your vaccination form they always give our in London.
2. Civil Surgeon- is only found in the US. They should know the adult requirements. AND they should give you the sealed copy of an I-693 form to give to USCIS and a photocopy to you so you could check for errors. 

I know you saw a panel physician in order to get a visa. Did you also have a medical exam by a Civil Surgeon.in the US? If so, where is your photocopy of the medical Form I-693? Did you mail in the sealed medical form with your AOS application? Or did you provide it at your interview? Or did you turn it in at your AOS interview?

 

What date was you medical exam in London? What date did you file for AOS? Getting all the facts straight will help people answer your original question of what can you do now?
 

 

 

Edited November 29, 2022 by Wuozopo

[dundeehighlander 17]

Hi Wuozopo,

                       I had a medical in London but I was missing a vaccination and planned to get that done in USA.  However, by the time I applied for AOS it was over a year and needed a new medical.  That's when I contacted a civil surgeon in the US to get things done.  When I had completed the exam and vaccines, I wasn't given a copy of the form, only the sealed envelope which, after an rfe, I sent in.  I assumed that this was confidential and at no stage did I see the I-693.  I went down yesterday to the doctor and they printed off a copy, where I spotted the error.  I have read elsewhere that is common for applicants to contact the doctor again and then supply an error free copy but not in my case.  It's heartbreaking that I could be sent packing because of a doctor's error for vaccinations not age appropriate.

 

I filled for AOS in December 2021.  I mailed in the I-693 in response to an RFE.  

 

If it is confirmed as denied, how long do I have to reapply?  Can I reapply?

 

Keith

[milimelo 4,476]

I’d still go with the common sense and CDC clearly say hib and pneumococcal is not required and this shouldn’t have been reason for denial as USCIS can easily see the age of the applicant and apply common sense in determining that the listed two missing vaccines are not age appropriate and don’t pertain to this case given the age of applicant. 

[dundeehighlander 17]

Thanks Milimelo,

                              Your positive comments give me hope, thanks for that.  I will keep you all updated.  Just wondered if you think I should get a corrected copy of the I-693 from the doctor and ask the congressional staff member if they could submit it?  Or do I have to wait to see if USCIS reopen my case.

[milimelo 4,476]

I'd still get it corrected if possible. And if you can get a note or letter from the doctor saying I didn't think I needed to complete these columns as the patient I saw is clearly above 18 and age-inappropriate to receive HIB and pneumococcal vaccines and that's why it was left blank.

[dundeehighlander 17]

My thought on the note from the doctor is that she might be a bit wary to admit an error(even although it's obvious) due to potential legal action.  Maybe I am wrong with this though.

[dundeehighlander 17]

The field worker from the congressional office has emailed USCIS on my behalf and I now have to wait until a reply is received.  If this is rejected then, firstly, would it be worth filling to reopen my case and pay $650?  Bearing in mind that the denial states that I have not been fully vaccinated which is incorrect.  If this is not a favoured option, an I right in saying that I have only 33 days from the denial notice to refile I-485 or I will be living illegally in the US. 

 

Any comments very welcome.  Very stressed and depressed at the moment.

 

Keith

[Family 3,988]

1 hour ago, dundeehighlander said:

The field worker from the congressional office has emailed USCIS on my behalf and I now have to wait until a reply is received.  If this is rejected then, firstly, would it be worth filling to reopen my case and pay $650?  Bearing in mind that the denial states that I have not been fully vaccinated which is incorrect.  If this is not a favoured option, an I right in saying that I have only 33 days from the denial notice to refile I-485 or I will be living illegally in the US. 

 

Any comments very welcome.  Very stressed and depressed at the moment.

 

Email a short letter to the doctor asking for

1. a new and correct I-603 

2. $675 to cover filing fee for I-290B 

3. include a copy of the I-485 denial and highlight lines specific to the deficient medical. 

I am quite sure the doctor will be open to accommodate your request , without you needing to politely “ask” them for contact info and a copy of their certification as a civil surgeon . …and innocently ask if the matter needs to be resolved in small claims court. 
 

See how it goes with congressional liason but no matter what, make sure to file I-290B before the 30 days are up …with the I-290 B include the newCorrected  I-693 and a copy of the old that shows the blanks…

Only argument you need make is that you have completed 2 medicals and relied on Service ‘s Designated Panel Physician to complete an accurate I-693, not only did physician make an error in completing the form, they failed to provide you with patient copy.. YOU WILL WIN…and your I-485 will be re opened

 

 

Edited December 1, 2022 by Family

[dundeehighlander 17]

Thank you for that Family, really helpful and positive. If I file the I-290b I will still be legally in the USA and still able to file again for I-485 if they don't reopen my case?

 

By the way, I went down to the doctor's office today but the doctor wasn't there, not there until Monday.  I told the receptionist about the issue and she is going to get the doctor to call me on Monday.  I am hopeful that she will at the very least give me a corrected I-693.

Edited December 1, 2022 by dundeehighlander