Redo medical exam???

S

Shef

Registered Users (C)
Hi fellow 485ers:

Here is an upsetting story I heard from a net-friend called YoYo. His 485 was filed in late 1999 (EB1). Recently VSC sent him an RFE asking him to redo his medical exam. They said that the doctor he used was not INS-appoved. It is a bullxxxt since that doctor is still on the latest list and he confirmed it by calling INS info-line. However, his laywer suggested him to redo the medical exam, instead of argueing with VSC. This means another $700 for his family of three (same as mine) and all the time wasted... His lawyer said that a medical exam is usually valid for a year so if you argue with VSC, they may ask you to do it again anyway, which means more time wasted. This seems to be valid point but it is just so unfair for him to swallow the bitterness.

At VSC, our 485 files have to sit on the shelf for more than a year before somebody can even look at it. When they first open our files, all our medical exam are over a year old. No exception.

Has anybody else been asked for medical exam redo, for whatever reason? I\'m still waiting for any news on my case (ND=12/13/99), but I was wondering what I should do if I am in the situation. I think I\'d prefer to have my lawyer to call/write to VSC to argue. What do you think? I\'d appreciate your value comments.

Following link is the original discussions.
http://www.immigrationportal.com/WebX?14@@.ef280c2/27
 
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Yoyo,
Hope you don\'t mind I brought up the story. I was thinking how you can avoid this double charge of medical re-exam fees. Perhaps you should go back to the same doctor who did your first exam, to see whether he can renew your record for a smaller fee rather than $700 in full. After all, he is an INS-approved doctor. There should be no question about it. He must have some sort of certification issued by INS to prove it.

By the way, where is this doctor\'s office? The office I used is called Roger Charles, but it\'s actually a different doctor who did our exams, not Dr Charles himself. Not sure if you are in the same situation.
 
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Shef,

Not true. Recently I received an RFE re medical report and all INS wanted was to complete my medical report filled out by the doctor when I had done my medical examination at the end of 1999 (My doctor forgot to complete one area in the form). So INS did not ask me to redo the complete examination.

So medical is valid for 1 year is probably (absolutely) not true (in my case) unless someone proves otherwise.

But I may agree with your lawyer to avoid any more communication time that may delay your process. So eventhough it\'s $700 question, I would go for it if I were you.

Hope it help.

Lillucard.
 
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Shef,

I do not mind you bought this story up for discussion.

My situation is a little more complex than yours is. My company transferred me to different work site just before my filing 1-485. My lawyer said I would have no problem with the transfer since EB1 is not bound with the specific location. I lived in a different state from my I-140 stage. I did my medical exam in the previous state before being transferred. The doctor who did my medical exam was and still is INS approved doctor in that state, as I wrote in previous message, I checked all the lists that I could get to verify this. Now I live in MA and it is impractical for my family to go back to previous state which is 1500 miles away to do medical exam. Besides, I called up that doctor to see what he can do about that. Firstly, that doctor has no idea the immigration process would take that long. Secondly, the doctor said it was very unfortunate situation, but he could do nothing about it because most medical record has already expired, especially the result of TB test only valid for 6-month. The only valid record we have now is immunization record. He also said he could not certify any results that are no longer valid. All of those seem to go back to my lawyer’s point that is we should do just what VSC told us to do, which is to redo medical exam.

I have been calm down and thinking very hard these days the reason that why VSC made this kind of mistake on us. The only conjecture I can come up is that the officer who looked our cases did not bother to go through our case thoroughly. He/she may only pull out INS approved doctor list in MA, which is the address we have on I-485 against our medical record. Of course he/she would not find that doctor on this list and then he/she issued REF.

I think we might be the only ones who got this kind of stupid REF due to our unique situation. For the rest of you guys, if you did not do medical exam in different state from the state you are living in now, the chances are that you do not need to worry about it.
 
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It makes more sense now after I see the whole picture. I think you are right, the officer can only look up the list for the state you live, not the whole directory. If it is a mistake, it is a reasonable one. If they have only 15 or 20 minutes for each case, I would NOT expect them to always make perfect decisions.

Did you or your lawyer talk to VSC and try to solve it over the phone? One netter mentioned a positive story that he solved his problem over the phone, and he later sent a thank-you note to VSC to appraise the IIO who helped him. This will take no time (comparing with responding RFE), although VSC\'s hotline seems to be busy forever.

One again, thanks for sharing your story.
 
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I am in a similar situation.Received RFE for medical redo with reasons as not signed by authorised Ins Dr or not received completed medical forms.Primary applicant has been approved but spouse received Rfe.The same Dr has signed for primary applicant and case has been approved.On visiting the same clinic found that Dr has retired a year back.They checked and told last year forms were okay and signed duely.
It is quiet possible for forms to be misplaced enroute anywhere in INS.Why else would they ask a redo.Yes one feels bad to spend for no fault of ours but at the end of the day it is luck and God grace.
 
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Sorry for the situation you are having. I don\'t think the medicals
is valid only for an year.Any inputs apprictaed on this
 
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My understanding on this issue is that you cannot not get the medical done by any INS approved doctors. You have to go to the doctors approved by your local INS office. Medical results are valid 1 year before you submit your I-485. I have a question with Yo Yo. What is your address on I-485? Your new address or your old address before the transfer? Let\'s whether this theory works.
 
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Just to clear a confusion. I meant that medical is always valid if you submit the I-485 within one year after you complete your medical.
 
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An excerpt from http://www.immihelp.com

Medical Examination
All applicants for adjustment of status are required to have a medical examination. Results of the medical examination are valid for 1 year before you file I-485. After you file I-485, they are valid forever as long as I-485 is pending. So medical examination can be done well in advance even before I-140 is approved, without worrying about medical results being expiring(except that if I-140 processing much more than one year, God forbid.!) The medical examination must be conducted by a civil surgeon in your area who has been designated by the Immigration and Naturalization Service (INS). The designated civil surgeon is responsible for the entire medical examination, and will record the results on Form I-693. The required medical exam consists of a physical examination, a tuberculin (TB) skin test and a serologic (blood) test. The designated civil surgeon must perform these tests in accordance with the Technical Instructions for the Medical Examination of Aliens in the United States, published by the Centers for Disease Control and Prevention (CDC). Due to laboratory tests, which are required, expect results in two to three days. The form I-693 will be given to you in a sealed envelope to present to the INS.You should not open the sealed envelope. Doctor also fills the supplement form to record vaccinations taken now/earlier. Some doctors may not accept the electronic printed form and may insist on the original form. Doctors usually have that form with them. The requirements of the medical examination are as follows:
 
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Seethelight2001,

It is my new address on 1-485. I did my medical exam in previous state and then got transferred in two weeks. By the time my lawyer was ready to file I-485 I had my new address and the lawyer put it on the I-485.
 
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Thanks for the info. However it was not what my lawyer and the doctor told me. My lawyer recommended us to redo the medical exam as INS requested, since the record is only valid for one year, INS has every right to ask us to redo it if they are not happy with us, although they normally do not do that. The doctor kept saying that TB test is only valid for 6-month and other medical records only valid for one year after it were done, except for immunization. The doctor even said it is a standard that is being used everywhere not only for INS.

We are confused and think that it is a gray area so far. Everybody has a different understanding about this. It is not like white and black that one can easily define.
 
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You got a very special case. If you argue your case before INS and I believe you will eventually win. But that may spell a dealy of several may-be-sleepless months. I suggest you find a doctor in your current ared and redo it. $700 is a big number. Your freedom weighs heavier than that. As far as the valid period of a completed medical for immigration purpose is concerned, I remeber I read a post somewhere. It said that a medical was good for only one year before 97, because at that time everybody submitted their medicals at the interview. In 97, INS moved all EB cases up to service centers, they changed the precedure and asked everybody to submit their medicals along with I-485s. Because the slow pace of the sevice centers, later on, INS changed their position on this issue( may be on a INS memo) and stated that a medical will be always valid if it was submited within one year after completion.

By the way, I live in a small city far away from any big cites. My medical report costed me over $1000.
 
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Seethelight2001

Thanks for the reply. We are going to redo the medical exam in our current state. We have agonized this decision whether to argue or redo the exam. We finally decided to redo the medical exam because we have been so fed up with the endless immigration process that we just hope to get over with as soon as possible.
 
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