RFE (TB skin test) USCIS error

[ccordova624]

Hi everybody,

Today my sister, who has the same timeline as I do, received a RFE asking her to take the TB skin test... similar to the ones that everybody has been receiving... HOWEVER, I was checking at my files and I found the copy of her medical examination in which clearly shows that the TB SKIN TEST was done and she was non-reactive.

Anyhow she is going to the civil surgeon with the RFE and get prove that she took the TB skin test... or maybe re take it again... I dont know...

Now another funny thing is that her LUD changed on 3/2/07, same date of the RFE, but the message never changed... still says "...60 days..."
and we never received the letter, only the attorney did.

Does anybody has similar case?

Are the officers in TSC not looking at the forms? Or they are just using this as an excuse to buy them time...?

 

[Pinkie]

Hi there CC: I got the same request as your sister. Except that I had done the skin test years back, when I went to the Civil Surgeon I told him and he said that I did not have to take the test because I had a reaction in the past. So this time around i have recieved the RFI

I called the surgeon's office up said immigration is now imposing a new rule on TB and a lot of people are getting issues about it. So if your surgeon indicated that you didn't do the skin test, they either have to do it, or submit proof that the test was done and what the size was. If it exceeds 5mm what treatment was suggested. In some cases i guess they are actually going as far as requesting a "liver" test to determine that the treatment was implimented.

If you ask me it is just another case of Immigration trying to extend these applications.

In your sister's case, her attorney should have really challenged the request by saying that there was " no reaction" if there is no reaction after a test, there is no grounds for requesting further evidence.


On March 1, 2007, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.

 

[wantmygcnow]

I dont think Immigration is doing this just to make excuses. The thing is this, if you have tested positive anytime(and I did too), you need to take an X Ray & show proof that you took meds.

I was tested positive in 1998 and they gave me meds then in 2000, another physical, they did an xray and wrote "xray shows negative"

Thats what they want from you. If the doctor says, "you tested positive before so you don't have to take it again", its a bunch of BS...USCIS officers are not doctors so they are looking for black/white evidence..

 

[doctorn]

Also, how long ago was your sister's medical and that TB test? Because skin TB test is valid for 6 months and chest X-ray is valid for one year. If more time has elapsed, you need to re-do it, regardless of whether the previous one was positive or negative. TB is an infection - someone may be healthy today and get infected next week (without even realizing it). I think, they are just trying to keep these results current.

 

[ccordova624]

My lawyer and I were trying to figure it out why TSC is requiring my sister a new TB skin test… so we got to this conclusion:

On April 2005 her I-485 was filed with a medical exam. On that medical exam, the doctor sent my sister straight to take a chest X Ray, even though she was never tested for TB in her life or been infected with this disease. Why the civil surgeon did not administered her a skin TB test? I don’t know, I guess he wanted to make more money…

On March 2006, she received a RFI of medical exams again. This time we went to a different doctor, in which he administered her a skin TB test and the result were non-reactive. The doctor gave her a TB skin test because she was never tested.
The copy of this medical exam shows that my sister took the Skin Tb test and she tested negative.

On March 2007, she received a RFE, saying that my sister has a record of testing positive, and she needs to take a TB skin test.

So, I think the officer in Texas saw the 1st medical exam dated on 2005, in which only X Ray was given and no Skin test. But I guess the officer failed to see the medical dated on 2006 in which shows that she took the skin test and gave negative. Or maybe since she took an X ray before the officer is assuming that she has tested positive before… so it is a mess….
Do they ever receive the medicals on 2006? If they wouldn’t received it they would denied the case long ago, so I am confuse.

My sister went to the doctor who administered the TB skin test, he wrote a letter to INS, with the explanation of the whole situation and that she in fact took the TB Test on 2006.
In addition my lawyer is sending a copy of the 2006 medical where clearly shows that she took the test, and a copy of the RFI and the FedEx invoice that they received the RFI early in 2006.

So I don’t know… I hope this is enough and they approve her after all this…

 

[MGTgrl]

On April 2005 her I-485 was filed with a medical exam. On that medical exam, the doctor sent my sister straight to take a chest X Ray, even though she was never tested for TB in her life or been infected with this disease. Why the civil surgeon did not administered her a skin TB test? I don’t know, I guess he wanted to make more money…

Most people from certain countries always test positive on the TB skin test (I guess because of the TB vaccine they used back then in those countries) so maybe the doc assumed she was one of those people. I hope the explanation the second doctor wrote will be enough for them. good luck to your sister.