OP here. Got a notice in the mail that I-I30 was approved. It was dated on the day of my interview. The online status says "Interview Was Complete and My Case Must Be Reviewed." I did not receive an email/text update on I-130.
I-485 online status says "Request for Additional Evidence Has Been Mailed."
In regards to the language of the USCIS Manual, I find that I have met my burden of proof by fulfilling all the criteria for I-693. As to footnote 24, I think that the IO does not have discretion as to the expiry of the medical. The language says: "[T]he officer may order an additional medical examination at any time if he or she has concerns as to an applicant's inadmissibility on health-related grounds.
From my interpretation (this is not legal advice), FN24 would only be applicable where there is a concern about inadmissibility on health-related grounds. That is not the case here. The IO did not bring up such a concern, his only proffered reason was the expiration date, and I am fairly certain that I am not inadmissible on any health-related ground. I think he has misinterpreted USCIS policy.
I am waiting to receive the RFE in the mail and will complete another medical in the meantime. I really hope it does not take long. However, I will also be filing a complaint with my senator.
Thank you for all your help!
I-485 online status says "Request for Additional Evidence Has Been Mailed."
In regards to the language of the USCIS Manual, I find that I have met my burden of proof by fulfilling all the criteria for I-693. As to footnote 24, I think that the IO does not have discretion as to the expiry of the medical. The language says: "[T]he officer may order an additional medical examination at any time if he or she has concerns as to an applicant's inadmissibility on health-related grounds.
From my interpretation (this is not legal advice), FN24 would only be applicable where there is a concern about inadmissibility on health-related grounds. That is not the case here. The IO did not bring up such a concern, his only proffered reason was the expiration date, and I am fairly certain that I am not inadmissible on any health-related ground. I think he has misinterpreted USCIS policy.
I am waiting to receive the RFE in the mail and will complete another medical in the meantime. I really hope it does not take long. However, I will also be filing a complaint with my senator.
Thank you for all your help!
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