Medical Exam (I-693) Validity Policy Change Discussion

[feedmyback]

I have a question. Suppose if the dates move past May 1' 2010 in the next year. Should the people with PDs after May 1' 2010, file I-693 form as part of the 485 application process? Or is it now removed from the initial 485 filing process and required only on an RFE?

[Spectator]

I have a question. Suppose if the dates move past May 1' 2010 in the next year. Should the people with PDs after May 1' 2010, file I-693 form as part of the 485 application process? Or is it now removed from the initial 485 filing process and required only on an RFE?

Applicants now have the choice to file the I-693 with the application, or wait for it to be requested via an RFE.

For those likely to be adjudicated some time in the future, it might make sense to skip the I-693 when initially filing the I-485.

Timing of the Submission of the Medical Examination Report

The medical examination report may be submitted to USCIS:

• Concurrently with the immigration benefit application; or

• At any time after filing the immigration benefit application but prior to the adjudication of that application; if not filed concurrently with the immigration benefit application, USCIS encourages applicants to wait until USCIS requests the medical examination report before submitting it.

http://www.uscis.gov/policymanual/HT...-Chapter4.html

[Immigo]

From Nov 1, 2018 - I-693 valid for 2 years from date of surgeon signing it. However, form needs to be submitted within 60 days of surgeon signing it.

Per https://www.uscis.gov/policymanual/H...-Chapter4.html :

In 2018, USCIS revised its policy regarding the extent to which a Form I-693 retains its evidentiary value. This policy is effective November 1, 2018. Before November 1, 2018, the validity period policy provided Form I-693 retained its evidentiary value as long as it was submitted to USCIS within 1 year of the civil surgeon’s signature and USCIS issued a final decision on the underlying immigration benefit application within a year of the Form I-693 submission to USCIS. This policy contained a maximum 2-year period during which Form I-693 retained its evidentiary value.

Due to increasing caseloads and more complex adjudications, USCIS observed an increasing number of cases where benefit applications could not be decided within 1 year from the date the Form I-693 was submitted. In these cases, USCIS would have to request a new Form I-693, further delaying processing the underlying application and inconveniencing the applicant.

The new policy, effective November 1, 2018, addresses these issues by realigning the existing 2-year period (during which Form I-693 retains its evidentiary value) to require applicants to complete their immigration medical examination closer in time to the filing of the underlying benefit application. This revised policy is intended to reduce the need for USCIS to request an updated Form I-693, thereby streamlining case processing and minimizing inconveniences to applicants.

Related USCIS policy announcement: https://www.uscis.gov/policymanual/U...93Validity.pdf

[march1612]

From Nov 1, 2018 - I-693 valid for 2 years from date of surgeon signing it. However, form needs to be submitted within 60 days of surgeon signing it.

Per https://www.uscis.gov/policymanual/H...-Chapter4.html :

In 2018, USCIS revised its policy regarding the extent to which a Form I-693 retains its evidentiary value. This policy is effective November 1, 2018. Before November 1, 2018, the validity period policy provided Form I-693 retained its evidentiary value as long as it was submitted to USCIS within 1 year of the civil surgeon’s signature and USCIS issued a final decision on the underlying immigration benefit application within a year of the Form I-693 submission to USCIS. This policy contained a maximum 2-year period during which Form I-693 retained its evidentiary value.

Due to increasing caseloads and more complex adjudications, USCIS observed an increasing number of cases where benefit applications could not be decided within 1 year from the date the Form I-693 was submitted. In these cases, USCIS would have to request a new Form I-693, further delaying processing the underlying application and inconveniencing the applicant.

The new policy, effective November 1, 2018, addresses these issues by realigning the existing 2-year period (during which Form I-693 retains its evidentiary value) to require applicants to complete their immigration medical examination closer in time to the filing of the underlying benefit application. This revised policy is intended to reduce the need for USCIS to request an updated Form I-693, thereby streamlining case processing and minimizing inconveniences to applicants.

Related USCIS policy announcement: https://www.uscis.gov/policymanual/U...93Validity.pdf

The article does not clarify how pending 485's will be handled? All pending 485s should continue to expect RFE for medicals?

[Immigo]

The article does not clarify how pending 485's will be handled? All pending 485s should continue to expect RFE for medicals?

We need to look at I-693 submission date rather than pending I-485. There are 2 tables at the end of https://www.uscis.gov/policymanual/H...-Chapter4.html which explain this - one is for submissions prior to Nov 1, 2018 and one for submissions after Nov 1, 2018.

[march1612]

We need to look at I-693 submission date rather than pending I-485. There are 2 tables at the end of https://www.uscis.gov/policymanual/H...-Chapter4.html which explain this - one is for submissions prior to Nov 1, 2018 and one for submissions after Nov 1, 2018.

I sent my medicals along with 485 around March 2012 and I fall into category 2 of the table.

Will USCIS continue to request medicals redone and resent via RFE?

[Immigo]

I sent my medicals along with 485 around March 2012 and I fall into category 2 of the table.

Will USCIS continue to request medicals redone and resent via RFE?

Since the medicals were filed in 2012, the validity of the medicals has expired for all categories (including category 2). Therefore, I believe you will get an RFE.

Just to be doubly sure, I do have a related question for the experts. See the language below in https://www.uscis.gov/policymanual/H...-Chapter4.html - hope it will not become a ground for straight denials in light of the new policy if medicals are not submitted at the time of filing I-485 or if the medicals expire (By new policy, I am referring to https://www.uscis.gov/news/news-rele...es-intent-deny)

In general, if any one of the above criteria is not met, the applicant has not met the burden of proof required to establish that he or she is free of a medical condition that would render the applicant inadmissible to the United States on health-related grounds. In this case, the officer should follow standard operating procedures regarding issuance of a denial or an RFE or Notice of Intent to Deny (NOID) to address the deficiency.