USCIS Unwilling to Waive Medical Exam Requirement
Posted Jul 06, 2007
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Many MurthyDotCom and MurthyBulletin readers are aware that a medical examination is required and the results (in a sealed envelope) must accompany the I-485, Application for Adjustment of Status. The problem is that there are limited doctors available to complete the medical exams. Thus, the American Immigration Lawyers Association (AILA) asked the USCIS to allow I-485s to be filed without the medical forms during the month of July 2007, when the employment-based (EB) priority dates were "current" for most EB applicants, except for "other workers." The USCIS did not agree. This matter may be moot for now due to the current unavailability of visa numbers in July 2007; although, it will be relevant again for some, after October 1, 2007, when EB dates are likely to move forward and have a cutoff date so that some people will then be eligible to file their EB I-485s.
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Purpose of Medical Exam with I-485 Filings
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The medical examination must be conducted by an authorized civil surgeon. The purpose, primarily, is to detect medical grounds of inadmissibility, to protect the U.S. population from "contagious diseases of public health significance." However, since the individual needs to be in the U.S. in order to file the I-485, allowing a reprieve from the requirement to file the medical with the I-485 would not have endangered the U.S. population. The medical report is reviewed as part of the final I-485 decision in determining whether to allow a person to be "admitted" as a permanent resident or "green card" holder of the United States.
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Initial Evidence Must be Submitted
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Cases must be submitted with required "initial evidence." Medical exams fit within this category. Without this basic evidence, the case can be denied, or even rejected without being accepted for filing. The USCIS does not have to accept these cases, even if an individual is simply unable to get a doctor's appointment when the priority date is current. There had been some hope that the USCIS would allow people to omit the medical exam and then submit it in response to a Request for Evidence (RFE), especially when it was expected that there would be a flood of I-485 filings during July 2007. However, the USCIS was not generally receptive to the idea when our firm submitted this question in writing during the recent AILA national conference that was held in Florida in mid June. There was a general lack of optimism from the USCIS and the AILA attorneys on this point, as the USCIS would create significant work for itself by relaxing this requirement. For the future, it will help to keep this information in mind.
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Find a Doctor Outside the State, if Necessary
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It is possible to locate the civil surgeons closest to one's residence using the USCIS civil surgeon locator. If there are not any available civil surgeons in one's immediate area, then it may be best to expand the search area, and to travel some distance for the medical examination when the visa dates become current again, for those who did not undertake the medical exams.
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Validity of Medical Reports
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For those who already have taken the medicals, thinking that you would be able to file the I-485 in July 2007 (before the U.S. Department of State and the USCIS abruptly changed their position on July 2, 2007), keep in mind that the medical reports are valid for up to one year, or twelve months. So, if your priority date becomes current within twelve months of the medical report, then you do not need to spend the time and money on another medical report.
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