RFE on Medical. I blame the civil surgeon

[JustMyKarma]

RFE on Medical. I blame the civil surgeon. How was your experience?

I got RFE on medical for my wife's case. To paraphrase what my lawyer said,

"They are asking her to go back to the doctor who performed the medical
exam and have him/her properly complete the Form I-693 as related to the tuberculosis test. They say it was not properly documented."

She also added,
"That is the only language presented by CIS."

This is because my wife got a false positive on TB skin test from the BCG shot she took when she was a kid. The doctor insisted that a chest X-ray was not necessary even after I repeatedly asked for it. Now I know that TB test section was not properly documented but I'm not sure if I have enough information for the doctor to properly complete the form. Would the doctor know what to do differently this time?

Here's what I want to say. All the evidences could have been filed all at once in the first place. Is there any USCIS rules or regulations that discourage a civil surgeon from providing a chest x-ray result to prove that the positive TB skin test result is from BCG vaccination? I wonder if he did this intentionally so that I make a second trip for his profit. A friend of mine went to the same doctor a few years ahead of me and she got RFE on medical for a similar if not the same reason--the form not properly documented--I don't know if it was about the TB skin test. I will find out if he charges again for a whole medical exam.

Of course, I don't want to pick a fight with him now. But, once I get the approval and if I can find out he is doing this intentionally, I think I should do something for future aos applicants.

I'm going to make a call to the doctor's office tomorrow but I'd appreciate your thoughts and advice before I do that.

 

[howdy_howdy]

Please post the doctor's info on this forum so others won't have to take a chance with him/her.

Good luck with your RFE
howdy_howdy
//

I got RFE on medical for my wife's case. To paraphrase what my lawyer said,

"They are asking her to go back to the doctor who performed the medical
exam and have him/her properly complete the Form I-693 as related to the tuberculosis test. They say it was not properly documented."

She also added,
"That is the only language presented by CIS."

This is because my wife got a false positive on TB skin test from the BCG shot she took when she was a kid. The doctor insisted that a chest X-ray was not necessary even after I repeatedly asked for it. Now I know that TB test section was not properly documented but I'm not sure if I have enough information for the doctor to properly complete the form. Would the doctor know what to do differently this time?

Here's what I want to say. All the evidences could have been filed all at once in the first place. Is there any USCIS rules or regulations that discourage a civil surgeon from providing a chest x-ray result to prove that the positive TB skin test result is from BCG vaccination? I wonder if he did this intentionally so that I make a second trip for his profit. A friend of mine went to the same doctor a few years ahead of me and she got RFE on medical for a similar if not the same reason--the form not properly documented--I don't know if it was about the TB skin test. I will find out if he charges again for a whole medical exam.

Of course, I don't want to pick a fight with him now. But, once I get the approval and if I can find out he is doing this intentionally, I think I should do something for future aos applicants.

I'm going to make a call to the doctor's office tomorrow but I'd appreciate your thoughts and advice before I do that.

 

[geofu54]

This is because my wife got a false positive on TB skin test from the BCG shot she took when she was a kid. The doctor insisted that a chest X-ray was not necessary even after I repeatedly asked for it.

Is there any USCIS rules or regulations that discourage a civil surgeon from providing a chest x-ray result to prove that the positive TB skin test result is from BCG vaccination?

The doc must be a ripoff if not an idiot. Or an idiot if not a ripoff. As far as I know (I asked doctors, and there are some physicians in the forums here too), to say a chest X-ray is not necessary after a positive TB (even if it's possibly due to BCG) is medically incorrect. And no, I don't think there is any CIS regulation like that. What they require is do a TB test (with some exceptions, but it must be documented), and if it turns positive, do a chest X-ray.

Please post what you find from the friend. Good luck, I hope things will go smoothly about her REF.

 

[Jackolantern]

Assuming you are the primary applicant, be thankful the RFE is for your wife and not for you!

 

[anandkan]

JustMyKarma,
My RFE is also exactly what you narrated. My Doc also did a chest xray and sent in the results without a skin test. But USCIS is asking me to take a skin test with the same doctor. But my attorney said that the doctor need not be the same doctor who performed the tests earlier. Is this a correct interpretation? please help clarify the situation. Thanks many.

 

[arcane]

I got RFE on medical for my wife's case. To paraphrase what my lawyer said,

"They are asking her to go back to the doctor who performed the medical
exam and have him/her properly complete the Form I-693 as related to the tuberculosis test. They say it was not properly documented."

She also added,
"That is the only language presented by CIS."

This is because my wife got a false positive on TB skin test from the BCG shot she took when she was a kid. The doctor insisted that a chest X-ray was not necessary even after I repeatedly asked for it. Now I know that TB test section was not properly documented but I'm not sure if I have enough information for the doctor to properly complete the form. Would the doctor know what to do differently this time?

Here's what I want to say. All the evidences could have been filed all at once in the first place. Is there any USCIS rules or regulations that discourage a civil surgeon from providing a chest x-ray result to prove that the positive TB skin test result is from BCG vaccination? I wonder if he did this intentionally so that I make a second trip for his profit. A friend of mine went to the same doctor a few years ahead of me and she got RFE on medical for a similar if not the same reason--the form not properly documented--I don't know if it was about the TB skin test. I will find out if he charges again for a whole medical exam.

Of course, I don't want to pick a fight with him now. But, once I get the approval and if I can find out he is doing this intentionally, I think I should do something for future aos applicants.

I'm going to make a call to the doctor's office tomorrow but I'd appreciate your thoughts and advice before I do that.

It is not uncommon to receive an RFE for medical reasons. This happened to my son's case back in 2005. My wife and I got approved but got an RFE for my son for the TB test. We went back to the doctor and he did another skin test and confirmed that there is no TB and our attorney had replied to the RFE with the new medical report. My son got approved in about 3 weeks after the RFE had been replied to. So this is an RFE that can be handled easily!!

 

[I612]

Positive skin test even if due to BCG, needs chest X-ray. Now don't go yelling at the doc, take it easy, people make mistakes. Just fix the form and send back. Just one more nuissance, this one is minor.

 

[JustMyKarma]

I might do that. I wonder how other people's experiences are with the civil surgeons. Other doctors might be just as bad or some might be even worse. I need to give some thoughts. Thanks for wishing me a good luck.

Please post the doctor's info on this forum so others won't have to take a chance with him/her.

Good luck with your RFE
howdy_howdy
//

 

[JustMyKarma]

That's really well put. Thank you for your support.

The doc must be a ripoff if not an idiot. Or an idiot if not a ripoff. As far as I know (I asked doctors, and there are some physicians in the forums here too), to say a chest X-ray is not necessary after a positive TB (even if it's possibly due to BCG) is medically incorrect. And no, I don't think there is any CIS regulation like that. What they require is do a TB test (with some exceptions, but it must be documented), and if it turns positive, do a chest X-ray.

Please post what you find from the friend. Good luck, I hope things will go smoothly about her REF.

 

[JustMyKarma]

I know. What a relief. But I still put the blame on the doctor because I couldn't celebrate the approval because my wife is so pissed off.

Assuming you are the primary applicant, be thankful the RFE is for your wife and not for you!

 

[JustMyKarma]

My understanding is that, for aos purposes, the skin test is required in most cases and a chest x-ray is an additional evidence for false positive.
You say "USCIS is asking me to take a skin test with the same doctor". I would follow the instruction exactly. In case you can't go to the same doctor, I would even include a letter explaining why. For example, you moved so far away since the first medical exam or the doctor passed away. I don't want to take a chance with USCIS. Good luck with your RFE.

JustMyKarma,
My RFE is also exactly what you narrated. My Doc also did a chest xray and sent in the results without a skin test. But USCIS is asking me to take a skin test with the same doctor. But my attorney said that the doctor need not be the same doctor who performed the tests earlier. Is this a correct interpretation? please help clarify the situation. Thanks many.

 

[JustMyKarma]

Thanks for encouragement. I hope it goes as well as your son's case.

It is not uncommon to receive an RFE for medical reasons. This happened to my son's case back in 2005. My wife and I got approved but got an RFE for my son for the TB test. We went back to the doctor and he did another skin test and confirmed that there is no TB and our attorney had replied to the RFE with the new medical report. My son got approved in about 3 weeks after the RFE had been replied to. So this is an RFE that can be handled easily!!

 

[JustMyKarma]

Thanks for kind words. Although I'm a little bit upset, I'm trying not to take it personally. I think the system where the applicant has to pay for the mistakes of the civil surgeon needs to be fixed along with other USCIS counter-incentive systems.

Positive skin test even if due to BCG, needs chest X-ray. Now don't go yelling at the doc, take it easy, people make mistakes. Just fix the form and send back. Just one more nuissance, this one is minor.

 

[anandkan]

RFE NOT strict about the original doctor

Thanks JustMyKarma! When I wrote the initial post I did not have the RFE in hand. I based it on attorney's email. But I now have the RFE and it is NOT strict about the same doctor. I can approach any approved doctor to have the TB skin test.

BTW, is it necessary to have all the tests again or just the TB skin test this time? Sorry if it's a dumb question.

My understanding is that, for aos purposes, the skin test is required in most cases and a chest x-ray is an additional evidence for false positive.
You say "USCIS is asking me to take a skin test with the same doctor". I would follow the instruction exactly. In case you can't go to the same doctor, I would even include a letter explaining why. For example, you moved so far away since the first medical exam or the doctor passed away. I don't want to take a chance with USCIS. Good luck with your RFE.

 

[JustMyKarma]

Sorry I don't know the answer to your question. It sounds like you and I are pretty much in the same boat as far as the RFE is concerned. You're actually ahead of me because I don't have the RFE in hand yet. Hopefully this is the last hurdle for both of us. Cheers!

Thanks JustMyKarma! When I wrote the initial post I did not have the RFE in hand. I based it on attorney's email. But I now have the RFE and it is NOT strict about the same doctor. I can approach any approved doctor to have the TB skin test.

BTW, is it necessary to have all the tests again or just the TB skin test this time? Sorry if it's a dumb question.

 

[knowDOL]

My husband got same RFE and in our case Doctor took X-ray and since it is -ve he did not worry about giving the skin test. Skin test takes three days we didn't have enough time, so Doc suggested that we take X-ray and send it now. Doctor said that last December USCIS added one more rule saying that even if you have the X-ray you must and should document skin test result. I am not sure how far it is true. Because the form is released in September 2005 and not updated since then.

 

[JustMyKarma]

Thanks for the info.

My husband got same RFE and in our case Doctor took X-ray and since it is -ve he did not worry about giving the skin test. Skin test takes three days we didn't have enough time, so Doc suggested that we take X-ray and send it now. Doctor said that last December USCIS added one more rule saying that even if you have the X-ray you must and should document skin test result. I am not sure how far it is true. Because the form is released in September 2005 and not updated since then.

 

[coowboy]

My wife received an RFE on 5/30. The civil surgeon who filled our medical results forgot (doh !!) to fill in the TB results section !! Sent the response back last week.....no LUD's yet.

 

[JustMyKarma]

Did you get the original medical form back? I don't have anything but what my lawyer told me what was on the notice. I'm not sure if the doctor will know what to do. Could you tell me what your wife did? A full medical exam all over again? Or, just the TB skin test? Or, the best of all, just updated paperwork? Thank you in advance.

My wife received an RFE on 5/30. The civil surgeon who filled our medical results forgot (doh !!) to fill in the TB results section !! Sent the response back last week.....no LUD's yet.

 

[coowboy]

Did you get the original medical form back? I don't have anything but what my lawyer told me what was on the notice. I'm not sure if the doctor will know what to do. Could you tell me what your wife did? A full medical exam all over again? Or, just the TB skin test? Or, the best of all, just updated paperwork? Thank you in advance.

Yes got the original medical form back from USCIS. All I had to do was to ask the doctor to fill in the missed sections and the doc gave me a new test results form in a sealed envelope. Did not take any new tests.

Ask you lawyer for a copy of the RFE. You would need that when you go to your doc.