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TB Test
Update on I-485 Adjustment Application
Posted
May 18, 2007
©MurthyDotCom
Foreign nationals who are filing the I-485 application for adjustment of
status (i.e. final stage of the "green card" process) have to demonstrate
eligibility in a number of areas. One area involves medical screening, by a
specially authorized physician, referred to under law as a civil surgeon.
The exam includes a number of different tests to order to determine whether
the applicant has certain "contagious diseases of public health
significance" that should prevent her/him from obtaining the I-485 approval
and becoming a U.S. permanent resident. One of the medical conditions for
which an individual is tested is tuberculosis (TB). The required test for TB
for obtaining the I-485 approval is a skin test, not simply an x-ray test
from the civil surgeon.
©MurthyDotCom
USCIS RFEs Request Skin Test for TB
©MurthyDotCom
There recently have been many reports of the USCIS sending Requests for
Evidence (RFEs) for tuberculosis skin tests. These were generated because
the doctors in these cases used x-ray only examinations for TB, rather than
skin tests as part of the physical examination. TB is comparatively rare in
the U.S. and more common in India and several other countries. Under the
regulations, the USCIS is correct in insisting upon a skin test.
©MurthyDotCom
Request that Your Doctor Perform Skin Test for
TB
©MurthyDotCom
We remind MurthyDotCom and MurthyBulletin readers that a TB
skin test is a necessary part of the physical examination required by the
green card application process. It can be waived only in limited
circumstances, such as for children under two years of age. Otherwise, a
showing of good cause, such as a particular health condition, may exempt an
applicant from the actual skin test. In order to avoid delays or an RFE on
this issue, it is best to ask the civil surgeon to perform a skin test for
TB, in the event that the physician does not do so without prompting.
Copyright © 2007, MURTHY LAW
FIRM. All Rights Reserved
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