Medical Records -- Form I-693 Question.

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SK-N400

Registered Users (C)
Here is the situation...

We applied mothers AOS in Jan-10 and got denied in May-10. (due to lack of documentation), they wanted non-availability of birth certificate from local govt within 30days. It took more than 30 days for us to get the non-availability certificate, meanwhile we submitted 2 affidavit's. But the officer said its not sufficient and did not allow to apply for extension of time and denied our 485. Last week meet with lawyer and took advice to re-apply for 485 with non-availability certificate(which I have it now).

My question. Can we go back to same doctor for I-693? Original form I-693 is dates Jan-2010, do we need to go through complete process of X-ray and blood work or they can issue duplicate? Any in similar situation please advice.

Wanted to be extra careful this time on all documentations.

Thanks

SK
 
I don't think you need to redo the physical since its valid for an entire year but some other people can clarify this for u
 
You will have to redo the medical and obtain a new I-693 if reapplying for the I-485. However, probably none of the vaccinations have to be redone. TB test probably has to be redone though. The doctor will take into account what you have already done or not done and perform the examinations and shots accordingly.

But instead of reapplying, I would file a Motion to Reopen with the Nonavailabilty certificate. The MTR would avoid the need for another I-485 and I-693. Then reapply only if they reject the MTR.

The lawyer probably recommended reapplying because it's more money for them.
 
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Thanks for quick response. Lawyer mentioned that to do MTR is tough case in our situation as required documentation was not provided and IO has not done anything wrong in the decision of case.

SK
 
Motion to Reopen allows submitting new evidence. It is not just to correct a USCIS mistake.

However, many attorneys shy away from Motions to Reopen because they do have a low success rate if there is no obvious USCIS error, and the attorney doesn't want another failure on their record. But you are not concerned about having a good win/loss record to show your clients or please your boss.

So find another attorney ASAP and file the MTR, or file it yourself and see what happens. Normally the MTR will be decided within 1 or 2 months. If you don't get the MTR result in the next 4-6 weeks, make an appointment with the doctor just in case the MTR is denied, so you can file the new I-485 quickly after the MTR denial. If they accept the MTR before the appointment, you can cancel the appointment.
 
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SK-N400 said:
Can we file for MTR and also re-file 485?
Click to expand...
Simultaneously? I don't think so, given the same sponsor and same beneficiary and category for both the old and new I-485s.

But even if you can, what would be the point? Filing the MTR is to avoid the cost and time of a new I-485.
 
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