Expect RFEs on I-485s as Cutoff Dates Advance

Foreign nationals with long-pending adjustment of status applications (form I-485) should anticipate being issued requests for evidence (RFEs) as the visa bulletin cutoff date approaches the priority dates of their respective cases. These RFEs typically request submission of updated I-485 eligibility documentation, including new medical examination records.

Medical Examination Expiration

Most I-485 applications must be accompanied by an I-693 form, which is completed by the civil surgeon who conducts a medical examination of the applicant. The I-693 is valid for one year. Historically, the U.S. Citizenship and Immigration Services (USCIS) extended the validity of medical examinations each year for long-pending cases, thus avoiding the need for applicants to undergo multiple medical exams for immigration purposes. However, as explained in the MurthyDotCom NewsBrief, USCIS Issuing RFEs on I-485s for Updated Medical Exams (23.Apr.2014), the last such extension expired on May 31, 2014. Since then, the USCIS has begun issuing RFEs on I-485 cases with expired I-693s once the priority dates become current or are close to becoming current.

Other Standard Requests Included in RFEs

In addition to requesting new I-693s, these RFEs often ask for updated evidence of continuing eligibility of the I-485 applicants. For primary applicants in employment-based cases, the USCIS policy directs adjudicators to request updated proof of a valid job offer, meaning an employment verification letter that meets the legal requirements for immigration purposes.

Conclusion

Applicants should not be alarmed by the receipt of a standard I-485 RFE for updated medicals and continuing I-485 eligibility documentation. This simply means that the USCIS is anticipating that the priority date for the case will become current in the near future. Still, it is important to respond timely and with the correct information and documentation; once an RFE is issued, the USCIS generally cannot approve the case until a response is submitted. The Murthy Law Firm is available to assist those with questions related to pending I-485 applications.

Copyright © 2015, MURTHY LAW FIRM. All Rights Reserved