Medical Examinations
Because of reports in some locations of lengthy delays in obtaining appointments with authorized physicians for medical examinations, many members have asked if USCIS will accept adjustment applications in July and later without the medical examination report in the initial filing packet. USCIS has refused to agree to accept the package without the medical examination report. Members are cautioned that a medical examination report is considered "initial evidence," and the absence of the report from an adjustment of status application can result in rejection of the application, RFE, or denial of the application under the April 17, 2007, USCIS regulation "Removal of the Standardized Request for Evidence Processing Timeframe" (72 Fed. Reg. 19100, April 17, 2007) [AILA InfoNet AILA InfoNet Doc. No. 07041860 (posted Apr. 18, 2007)], and the June 1, 2007, Interoffice Memorandum from Donald Neufeld, Acting Associate Director of Domestic Operations, "Removal of the Standardized Request for Evidence Processing Timeframe Final Rule" (HQ 70/11, 70/12, AFM Update AD 07/05)[AILA InfoNet Doc. No. 07062171]. While, obviously, RFE would be the desirable result here, there is risk that the result instead would be rejection or denial.
AILA Liaison will provide updates as more information is obtained.
Because of reports in some locations of lengthy delays in obtaining appointments with authorized physicians for medical examinations, many members have asked if USCIS will accept adjustment applications in July and later without the medical examination report in the initial filing packet. USCIS has refused to agree to accept the package without the medical examination report. Members are cautioned that a medical examination report is considered "initial evidence," and the absence of the report from an adjustment of status application can result in rejection of the application, RFE, or denial of the application under the April 17, 2007, USCIS regulation "Removal of the Standardized Request for Evidence Processing Timeframe" (72 Fed. Reg. 19100, April 17, 2007) [AILA InfoNet AILA InfoNet Doc. No. 07041860 (posted Apr. 18, 2007)], and the June 1, 2007, Interoffice Memorandum from Donald Neufeld, Acting Associate Director of Domestic Operations, "Removal of the Standardized Request for Evidence Processing Timeframe Final Rule" (HQ 70/11, 70/12, AFM Update AD 07/05)[AILA InfoNet Doc. No. 07062171]. While, obviously, RFE would be the desirable result here, there is risk that the result instead would be rejection or denial.
AILA Liaison will provide updates as more information is obtained.
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