Individuals applying for adjustment of status by filing Form I-485 are required to submit the Form I-693, Medical Examination along with their Form I-485. The reasoning for submission of this document is to ensure that the individual is not inadmissable based upon public health grounds. Prior to 2002, the medical examination was considered valid within one year of the Civil Surgeon’s signature. From 2002 to 2014, the medical examination was considered valid any time until adjudication of the Form I-485.
On May 30th, 2014, USCIS announced that starting June 1st, 2014, all medical examinations will be considered valid for one year after completion and signature by a Civil Surgeon, and will be considered valid for one year after submission to USCIS.
Some of the general requirements of the submission of the medical exam are as follows:
1) The medical exam must be performed by a USCIS-designated civil surgeon in accordance with Health and Human Services (HHS) regulations;
2) The medical examination report must be properly completed;
3) The medical examination report must be submitted to USCIS less than one year after completion of the examination [emphasis added];
4) The benefit application must be adjudicated no more than one year after the date the medical examination was submitted to USCIS [emphasis added]; and
5) The medical report must establish that the applicant does not have a Class A medical condition.
USCIS recommends submission the medical examination at the following times: 1) concurrently with the adjustment of status application (Form I-485); or 2) at any time after filing of the application but prior to its adjudication.
Note: If it is not filed concurrently, USCIS encourages applicants to wait until USCIS requests the medical examination report before submitting it. USCIS also notes that it is acceptable to bring a completed medical examination form to an interview.
If an individual does not file the Form I-693, Medical Examination along with the Form I-485, USCIS recommends the following before submitting the medical exam:
USCIS will issue a Request for Evidence (RFE) for a current Form I-693 when adjudicating an adjustment of status application. In order to facilitate the matching of the I-693 to the pending adjustment application, USCIS recommends that applicants wait for the Request for Evidence sending in the Form I-693. However, when the priority date in a retrogressed case may become available for a short period of time, practitioners may decide to submit the Form I-693 prior to receiving a Request for Evidence in an effort to increase the likelihood that the adjustment application will be adjudicated as soon as the priority date becomes available.
Humza Kazmi, Esq.
