Medical Examination for I-485 Applicants Remains Valid until 2010
Posted Apr 17, 2009
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The U.S. Citizenship and Immigration Services (USCIS) has issued a memo (PDF 45.8KB) extending a policy that preserves the validity of an applicant's required medical examination submitted in connection with an application for Adjustment of Status (I-485). Without this policy, the medical exam would be subject to a standard one-year expiration period. This policy has been extended periodically since October 2002 and it is currently valid until January 1, 2010.
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Medical Exam Required for Adjustment of Status
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In order to file for adjustment of status to permanent residence, an applicant must obtain an examination from a physician designated as a civil surgeon and complete the Report of Medical Examination and Vaccination Record (Form I-693) (PDF 694KB). Long-time MurthyDotCom and MurthyBulletin readers may recall a report of this policy in our August 29, 2003 article, Medicals Valid until I-485 Adjudicated, Policy Extended. The purpose of the medical examination is to determine whether the applicant has any communicable diseases of public health significance, or other medical problems, that would make her/him inadmissible to the U.S. and ineligible for adjustment of status.
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Validity Extended for Most
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Although the medical examination is usually valid for only one year, if the examination is submitted with an I-485 application prior to that expiration, the exam remains valid for as long as it takes to adjudicate the I-485. Thus, most applicants are not faced with the added expense and effort of obtaining multiple immigration medical exams.
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The discovery of a Class A or Class B medical condition is an exception to the extended validity, however. These medical conditions are listed on Form I-693.
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In the event of such a medical condition, the extension policy does not apply. The applicant must obtain further medical exam/s if the I-485 cannot be finalized within the one-year validity of the medical exam. The applicant should not have to undergo new exams each year. It would be expected that the USCIS would issue a request for evidence (RFE) asking for an updated medical if, at the time an examiner reviews the case for adjudication, the examination results are more than a year old and the extension policy does not apply.
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Conclusion
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This policy is helpful for many I-485 applicants and avoids unnecessary RFEs asking for new or updated medical examinations. I-485 applications can often take many years to complete the processing, primarily due to immigrant visa number limitations and non-current priority dates. Even cases in categories that are not subject to priority date-related delays often take over a year, due to general processing backlogs. If there is no reason to believe that an individual has any medical conditions that would impact his/her eligibility for adjustment of status approval, then this policy is far more efficient and economical for both the USCIS and the applicant, while still providing adequate medical screening.