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RFE I-485 (I-693 medical condition)

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  • RFE I-485 (I-693 medical condition)

    Hi everyone,
    I have a rare scenario with my case and wasn't sure what to do.. any advice would be greatly appreciated.

    My parents had interviews for their green cards on Jan 9, 2020. Per USCIS request we brought all the documents except for my Dad's I-693 because he is still under treatment for his Drug Resistant Tuberculosis. We explained that to the immigrant officer on the date of the interview along with the doctor note stating that when his treatment was started and when will be completed (approximately July 2020).
    A week later, Jan 22, 2020 my dad receive a letter that USCIS is requesting for his complete I-693 and to be mailed out by April 20, 2020. Which he will still be under the treatment and civil surgeon can not sign off his I-693.

    My few questions would be..
    Can i possibly request to extend the RFE due date?
    If i mail out a cover letter explaining why his I-693 is not ready with another doctor's note, am i going to get another RFE notice?

    thank you for reading and any responds would be appreciated,
    Eyca.

    ps my Mom received her green card one week after the interview but just my Dad is stuck due to his medical condition.

  • #2
    I am under the impression that the civil surgeon will sign the I-693 and report that the person has TB and in treatment. They can't approve until the TB is treated. Then you return to the civil surgeon after following the instructions/treatment and they will give you a new report with the history and results of new tests.

    The I-693 should say when the treatment will end and I guess then you will get another RFE for I-693 around that date. Of course, I don't have experience with a case like this, but if I were you I would do the following (maybe you already asked the civil surgeon that sign your mother's I-693):
    - go to a civil surgeon and explain the situation
    - ask if they can do the tests and sign the I-693 saying that TB is present and treatment needed (with the date the treatment will end)
    - wait until late March or early April to do the medical and send it before the RFE deadline
    if the civil surgeon can't or won't sign an I-693 the only thing you can do is ask for a letter from the civil surgeon that say that they performed the USCIS required tests and because the person has TB they can't sign the i-693 until treatment is finished and the person is under treatment.

    I hope that someone with experience can give you more information. Good luck.
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 12/34 - Case and Fingerprint Fee Received / Biometrics appointment
    Day 112 - EAD delivered
    Day 195 - Letter for missing I-693
    Day 4xx - no news (retrogression)
    EAD Renewal: 2 approved in 24 days, 1 pending for 11x days

    Comment


    • #3
      Enub4 Thank you very much for your respond.
      As you assumed i have talked to the civil surgeon and due to their regulation (https://www.cdc.gov/immigrantrefugee...tructions.html) they can not sign until the treatment is completed.

      This is exactly what the RFE notice tell me what to do, which we can not do so because my dad is still under the treatment.
      "You must provide the following information in order for us to make a final decision on your case:
      Submit a complete Form I-693, Report of Medical Examination and Vaccination Record. A USCIS civil surgeon must complete and sign the form, and you must also sign the form. If the civil surgeon refers you to a specialist, the specialist must include his or her medical exam results and complete the proper sections of the Form I-693 before the civil surgeon may sign the form. Once everyone has signed, the civil surgeon will place the completed Form I-693 in a sealed envelope and give it to you. You must submit the sealed envelope containing the original Form I-693 that the civil surgeon signed and the medical exam results; we will NOT accept photocopies Form I-693 and medical exam results."

      It got me confused because we had mentioned the treatment completion date end of July 2020 on the day of interview but still got a dead line earlier on April 20, 2020.
      I'm scared because it said: it is the final decision and i'm not comfortable to send in another doctor's notes from both civil surgeon and the TB specialist.

      I have came across another option which i could do is file another form I-601 which is a Class A waiver for applicants who undergoing tuberculosis disease treatment. Not sure if anyone familiar with it and can provide with more advise.

      Comment


      • #4
        I don't know what to tell you. If I were you what I will try to do:
        - send the RFE close to the deadline with notes from the civil surgeon and TB specialist
        - add a cover letter explaining the situation
        - attach the documentation where it says that person receiving TB treatment must wait until finished for the civil surgeon to sign and seal I-693
        - clearly report the date when the treatment ends and the expected date that you will have the I-693 envelope

        This way they may send another RFE for the I-693 with enough time to send the I-693.
        Or they may deny the application and you can try to reopen or file again.

        I hope someone else can give you another idea. Good luck.
        Nov 2018 - Package sent - EB - Texas Service Center
        Day 1 - Package received at the lockbox
        Day 12/34 - Case and Fingerprint Fee Received / Biometrics appointment
        Day 112 - EAD delivered
        Day 195 - Letter for missing I-693
        Day 4xx - no news (retrogression)
        EAD Renewal: 2 approved in 24 days, 1 pending for 11x days

        Comment

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