Please help I-485 denied

[Jan2211 9]

I presume it was vaccines. When I called the USCIS and asked about the RFE I had received about the medical, they said it was for vaccines, not a medical

There was nothing specific on the RFE that is why I called to clarify

Edited July 14, 2015 by Jan2211

[Nich-Nick 3,353]

The knightsbridge doctor did state that my vaccine was incomplete, that is why they needed me to go to the civil surgeon to get my MMR. According the the USCIS website I shouldnt need a new medical if I applied for AOS within 12 months of having my initial medical, mine was within 5 months. I didnt need a civil surgeon at the start, i just went along to the london medical as instructed.

I meant a civil surgeon was in order before submitting your AOS to show you had complied with the AOS immunizations. They were not complete on your Knightsbridge paperwork, so needed to be completed and documented by seeing a civil surgeon in the US. You didn't do that before filing. So I think it is possible that they for sure needed the MMR documented, but also a re-do of the entire medical because 18 months have passed.

[Jan2211 9]

But why would I need another medical, the website clearly states that a medical is not needed if you entered the US on a K1 visa and filed for AOS within 1 year of your medical

[Nich-Nick 3,353]

From the USCIS policy manual--

An officer may determine that the applicant has met the burden of proof required to establish that he or she is free from a medical condition that would render the applicant inadmissible if all of the following criteria are met:​

​

YES-The medical exam was performed by a USCIS-designated civil surgeon in accordance with HHS regulations​;​ (my note: it was a designated panel physician, but that is okay and counts for a K1 adjustment)

​

YES-The medical examination report was properly completed​;​ [21] ​

​

YES-The medical examination report was submitted to USCIS less than one year after completion of the examination​;​ [22] ​

​

NO-The benefit application​ [23] is adjudicated no more than one year after the date the medical examination report was submitted to USCIS​;​ [24] and​

​

YES-The medical examination report establishes that the applicant does not have a Class ​A​ medical condition and has complied with the vaccination requirements or is granted a waiver.​ [25]

I think the third one is why the request could be for a new medical. Your AOS was submitted in May 2014, but by June 2015 when it came up for adjudication, a year had passed since submission. I believe if they had picked up your case to review in April, they would not have been so picky. Not your fault, but it becomes your problem.

Policy Manual http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html#S-C-4

Edited July 14, 2015 by Nich-Nick

[Jan2211 9]

So basically, I was mis-informed by the USCIS when they told me I didn't need a medical, just the vaccines updated?

[ExPatty 502]

It seems obvious, so I'll assume the title of Captain Obvious, to point out that there can be legitimate findings in a medical report that exempt approval of 485: http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter6.html

However, it seems also obvious that the OP would have known about these and if they still don't ring a bell a safe bet that he doesn't have any. Thus, my money is on this just being nothing much more than a benign--but exceedingly annoying--bureaucratic event, and one that will be resolved with some leg work.

[Jan2211 9]

Yes, seems that way to me. Would anyone know if I have to pay another fee to USCIS or just do whatever I need to do on the Notice of Intect to Deny

[Jan2211 9]

Thank you very much to everyone who has posted on my topic. All your advise is greatly appreciated, I'll post the outcome asap, i'm hoping it will be in my favour!!

[chsim 3]

The knightsbridge doctor did state that my vaccine was incomplete, that is why they needed me to go to the civil surgeon to get my MMR. According the the USCIS website I shouldnt need a new medical if I applied for AOS within 12 months of having my initial medical, mine was within 5 months. I didnt need a civil surgeon at the start, i just went along to the london medical as instructed.

The new law states that even if you applied within 12 months and the USCIS didn't give a decision whitin the validity of the Medical exam, you need a new one. I just had an RFE after 14 months, saying that I need a medical, I applied for the AOS 4 or 5 months after my first medical in my home country. I had it done and sent it, I'm still waiting for something for more than a month now. If you sent only the new vaccination, that might be the reason for the denial. They need a new full medical exam since your first one was done longer than 12 months ago...

[chsim 3]

I presume it was vaccines. When I called the USCIS and asked about the RFE I had received about the medical, they said it was for vaccines, not a medical

There was nothing specific on the RFE that is why I called to clarify

The customer service are so stupid, they don't know better than us. I had to deal with them too many times, nothing helpfull at all. I'm sure you needed a full new medical exam, like a lot of us. My RFE wasn't specific either, it's a standar letter, and they checked the box of the medical exam...

[Jan2211 9]

Wow, I wasn't aware of this new law, I would have thought that the lady at Ucis would have been aware of it and told me the correct information...Can anyone tell me if the letter I am being sent is a denial or a notice of intention to deny? The email just said that my AOS has been denied.Tricky question I know but I'm wondering if they send the notice first. As I had received wrong information and did I fact need a new medical and I had just had my vaccines updated, would they give me a mother opportunity to get the medical done? The date that I had to provide the details on the RFE was August 22nd, they had the vaccines back around July 25th, does this date allow for missed items to be gathered and sent?

Edited July 15, 2015 by Jan2211

[Villanelle 4,121]

Well I agree with the post above that your medical seems to have been expired in addition to being incomplete. USCIS sometimes accepts them when processing takes excessive amounts of time but recently its been the trend for them to RFE or ask at the interview (and you were a waiver so its not a surprise you got it via RFE) for a new medical before approval.

This is a discretionary issue because they can use the expired medical if they choose since it was valid at time of filing but they dont have to. In your case it seems they decided not to, so Im sorry.

FYI- clarification on an RFE is a tricky thing because you are basically calling and asking for help and taking who ever you speak to's word for interpretation when that person is not the person that issued the RFE in the first place. Misinformation could be given (as it seems in your case). Your best bet is always to answer the RFE exactly as its written and not as someone explains it to you.

This is all water under the bridge now as you have been denied.

When you get your official denial letter it will come with instructions on appealing and I dont know. I can see it going either way. Technically you did make the mistake by not submitting the proper complete response to the RFE. But again they have discretion on the matter so they can let it slide if you submit the appeal and pay the fee and turn in the proper medical paper. They may not and deny your appeal and you would need to refile. So its your choice whether you want to roll the dice and appeal or simply refile.

You only get one shot at an RFE so Im assuming since you failed to respond properly you were "officially denied" and whats coming next is the denial with instructions to appeal. (you can post back when you do get the actual paperwork)

[chsim 3]

Well I agree with the post above that your medical seems to have been expired in addition to being incomplete. USCIS sometimes accepts them when processing takes excessive amounts of time but recently its been the trend for them to RFE or ask at the interview (and you were a waiver so its not a surprise you got it via RFE) for a new medical before approval.

This is a discretionary issue because they can use the expired medical if they choose since it was valid at time of filing but they dont have to. In your case it seems they decided not to, so Im sorry.

FYI- clarification on an RFE is a tricky thing because you are basically calling and asking for help and taking who ever you speak to's word for interpretation when that person is not the person that issued the RFE in the first place. Misinformation could be given (as it seems in your case). Your best bet is always to answer the RFE exactly as its written and not as someone explains it to you.

This is all water under the bridge now as you have been denied.

When you get your official denial letter it will come with instructions on appealing and I dont know. I can see it going either way. Technically you did make the mistake by not submitting the proper complete response to the RFE. But again they have discretion on the matter so they can let it slide if you submit the appeal and pay the fee and turn in the proper medical paper. They may not and deny your appeal and you would need to refile. So its your choice whether you want to roll the dice and appeal or simply refile.

You only get one shot at an RFE so Im assuming since you failed to respond properly you were "officially denied" and whats coming next is the denial with instructions to appeal. (you can post back when you do get the actual paperwork)

I agree.

Wow, I wasn't aware of this new law, I would have thought that the lady at Ucis would have been aware of it and told me the correct information...Can anyone tell me if the letter I am being sent is a denial or a notice of intention to deny? The email just said that my AOS has been denied.Tricky question I know but I'm wondering if they send the notice first. As I had received wrong information and did I fact need a new medical and I had just had my vaccines updated, would they give me a mother opportunity to get the medical done? The date that I had to provide the details on the RFE was August 22nd, they had the vaccines back around July 25th, does this date allow for missed items to be gathered and sent?

As mentionned in the post above, wait for the USCIS letter and get an INFOPASS appointment at your local office to speak with an immigration officer. Follow the instructions and it's gonna be fine I'm sure !! Just make sure you save some money...lol. Good luck.

Edited July 15, 2015 by chsim

[Jan2211 9]

Thanks for the words of encouragement chsim, I feel really bad because I trusted what the USCIS office was telling me, little did I know that it was their interpretation and not fact. I'm hoping for leniency as I have supplied all information required well before due date and I have complied 100% until this lastest issue. I have access to an immigration lawyer consultation through my spouses work so as soon as I get the letter I will be getting legal advice as to how best to proceed, either request to reopen or start the process again

[Villanelle 4,121]

Officially the advice would be to refile because as stated if you fail to respond to the RFE they were correct to deny you and while they have to accept your appeal they do NOT have to do anything with it- because you were wrong and they were right. However, the way appeals work- and this is the condensed easy English speak version, you will see and can get more info when you get the denial, appeals are like a step ladder- starting first at the local office and then moving through the court system. So you can send it in and have it done at the local office first- meaning it will be reviewed by the person who denied it. They have discretion on the matter. So they can review the new evidence (the medical) and take into account that maybe you didnt understand the RFE and the fact that you did go to a Dr and get shots in a timely fashion and show you mercy.

But as stated, this would be their discretion. Nothing in the policy demands they show you mercy.Many people have had success in a variety of situations resulting in denials when filing appeals like that and many have not. I believe and Im not sure with out checking further but the estimated timeframe for a local appeal like referenced above is about 90 days.

As the previous poster mentioned its usually a good idea to go to an infopass at the local office and gauge the reaction prior to making a decision on refiling or appealing. Some will encourage you to fill out the appeal, some will discourage you. So take their lead. If they are discouraging you its because they know the officer is going to deny it because either thats just the way that officer is, or that office just takes that kind of stance.