A question on Physical

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xjb

Registered Users (C)
My attorney sent my 485 around 3/20/02 without my physical(ND:03/21/02,FP:05/02/03). I did my physical in Oct 2003 and sent the results to my attorney right after I got it through mail. I called in and talked with his paralegal and was told that they will not submite it to INS until RFE issued. This way the medical won't got lost.

This sound reasonable. But the side effect is my case could have been approved without a RFE should INS has medical on file.
Would like to hear your opinions.

Thanks.
 
xjb

I had the same problem. Eventually when the RFE was issued in February, the lawyers told me that the medicals were not valid any more since they were older than 2 years (??!!), and we had to re-do them. Through local congress person, the TSC said they will accept the old ones.

I totally disagree with your lawyers, and mine for that matter. In the end if you have to redo them, you will have to pay. It wastes time and money to wait for RFE. My 485 should have been approved a long time ago, and now I cannot even get help from National Cust Serv, since TSC has now an additional 60 days before I can do anything.

I would seriously recommend to send it in with return receipt, and keep copies of everything. The memo stating that medicals older than 1 year will be accpeted ends on Jan 1, 2005.
 
Your lawyer is right not to sent the medicals post factum, as these are almost certainly not going to be united with your file.

But your case will not be approved without medicals. Officers appear to be very thorough going through the files.

We have seen cases where people have submitted the medicals initially, but are still getting RFE to redo the medicals, because at the time the wife did not do all immunizations due to pregnancy or the TB test was not within certain limits.

The good news is that you do not need to do your medicals again (provided these are complete and sealed), as USCIS has extended the validity of older medicals until January 2005.
 
I would send the medicals.

Your file is incomplete. I read the proces document. First thing they check is medical.

It is not law - it is common sense.

Employment based AOS is procedural issue - it does not involve too much law as such.

Whatever you send, it will go to your file...

Originally posted by xjb
My attorney sent my 485 around 3/20/02 without my physical(ND:03/21/02,FP:05/02/03). I did my physical in Oct 2003 and sent the results to my attorney right after I got it through mail. I called in and talked with his paralegal and was told that they will not submite it to INS until RFE issued. This way the medical won't got lost.

This sound reasonable. But the side effect is my case could have been approved without a RFE should INS has medical on file.
Would like to hear your opinions.

Thanks.
Click to expand...
 
just send the medicals referring to ur case...if they dont get lost..u r ok..if not..then u can wait for an RFE...

all u will lose here is just mailing the current one cuz if u try to mail these medicals after 2yrs..they rn't valid anyway..


just my thought


Madhav
 
Really appreciate all your inputs, I will think it over and discuss it with lawyer.

Question 1) : Does INS also issue a Notice on their receiving mailed medicals or they just receive it silent?
Question2): My medical was done in Oct 2003, based upon extension of medical validity my medical will be valid till Oct 2005, am I right?
 
Originally posted by xjb
Really appreciate all your inputs, I will think it over and discuss it with lawyer.

Question 1) : Does INS also issue a Notice on their receiving mailed medicals or they just receive it silent?

---> I don't think they will issue anything.

Question2): My medical was done in Oct 2003, based upon extension of medical validity my medical will be valid till Oct 2005, am I right?

---> I think the validity of medicals is 1 year (might be wrong). But because of the memo, medicals are valid until Jan 2005 based on above reply. You really should send in your medicals, or they will issue an RFE and it will just delay your case.
Click to expand...
 
I called 800 number to ask for their opinion and was answered by a very kind and seem quite knowlodgable lady. Her answer is don't send until RFE is issued. The reason is that without a REF medical will have little chance to unite with my file.
INS allowed this kind of separation filing because they well know it took more than one year for them to process 485.


Sounds like BCSIS is matching this kind of suplliment files with primary files only on the basis of RFEs.
I will talk to my lawyer sometime next week, but so far I prefer to waitting for RFE.

You guy's inputs, whatever suggestions are, are highly appreciated. So far this is the only place I know we have real friends to address our concerns.
 
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