New Rules for Medical Examination Validity

CIS has announced that beginning May 31, 2014, Adjustment of Status (I-485) cases will not be approved unless the medical examination results are less than one year old.  This is a reversion back to the policy CIS followed until 2004 when, due to backlogs in adjudicating AOS applications, the medical exam results were deemed valid until the I-485 was approved even if that took more than one year.  It is hoped this means CIS intends to adjudicate 485s in less than a year but that remains to be seen.  The announcement from the American Immigration Attorneys Association follows:

AILA has received a number of reports from members who have received requests for evidence for adjustment of status applicants to submit a new Form I-693. Since at least 2004, in response to backlogs in certain preference categories, USCIS has agreed to extend the validity of the civil surgeon’s endorsement on Form I-693 until the time of adjudication. This policy has generally been extended annually. The most recent extension was issued on September 4, 2013 and is set to expire on May 31, 2014.

AILA contacted SCOPS which confirmed that effective June 1, Forms I-693 submitted to USCIS more than one year prior will no longer be valid. In anticipation of a change in policy, Requests for Evidence (RFE) are being sent to notify applicants that the Form I-693 they provided in support of their adjustment application is about to exceed its validity period.

USCIS informed AILA that a notice to the public on the impending change is in progress.

Cite as “AILA InfoNet Doc. No. 14042146 (posted Apr. 21, 2014)”

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