Derivative Asylee - exempt from medical?

[empanado]

Hello All,

I have just recently filed the I-485 for my 9 year old daughther, she has been in the U.S. for a little over a year now.

She came over as a derivative asylee with a I-730 form approved, at that point she got all her medical exams done over at the U.S. embassy (their authorized doctor) before she could come to the U.S.

I thought I had read somewhere that it would not be necessary for a derivative asylee who came over with a I-730 approved to re-do all medical exams again, but she just received the request to submit them before 1/11/07.

Does she need to take all the medical exams again? Any experience on this?

Thanks

 

[empanado]

I just found the link: (This is the adjudicator's manual)

http://149.101.23.2/lpbin/lpext.dll...ocument-frame.htm#afm-95-redacted-chap23-46-6

(2) Asylees. With limited exceptions, all asylee adjustment applicants must obtain full medical examinations and vaccination certificates as part of the adjustment process (see 8 CFR 209.2(d) and Chapter 23.3 of this field manual). Subject to your verification that a full report, with vaccination requirements, is contained in the alien’s file, the exceptions which are not required to submit medical examination reports are:

• Certain Iraqi nationals who were evacuated to the U.S. through Guam and were granted asylum received medical examinations as part of that process.

• Persons who received derivative asylum status through the I-730 process and received a medical examination before being issued travel authorization by a consular officer. (Note: this does not apply to persons whose status was changed to derivative asylee based on an I-730 petition approved while the beneficiary was in the U.S.; such persons must submit medical examination reports as part of the adjustment process.)

 

[faysal]

Hello All,

I have just recently filed the I-485 for my 9 year old daughther, she has been in the U.S. for a little over a year now.

She came over as a derivative asylee with a I-730 form approved, at that point she got all her medical exams done over at the U.S. embassy (their authorized doctor) before she could come to the U.S.

I thought I had read somewhere that it would not be necessary for a derivative asylee who came over with a I-730 approved to re-do all medical exams again, but she just received the request to submit them before 1/11/07.

Does she need to take all the medical exams again? Any experience on this?

Thanks

Mr. I have been through the same thing. It is really frustrating. My kids are in the same status as yours. When I was filing for them I even filed a new medical with the application. With medicals done one in outside and one inside they still asked for a new medical. I did a third one to be on the safe side.

I think the USCIS has two three kinds of employees: the once who answer the phone who are regular costomer services. others who are called Immigration Information officers, and real guys who they call Adjudicators. The problem is the information officers review files and send medical requests without even examining the actual file. They just look over their computers and sent the medical thing.

Whay should you do? I would advice that submit the medical. It is not that expensive. couple of hundred dollars. Do not give them an excuse.

You may if you want write to them and explain to them that your kids had already been screened. I am sure that derivative asylees are exempt from doing the medical, but there are people who are in business for that matter and it is hard to argue with the USCIS, so just resubmit as I did...