AOS Denied

[invirginia 0]

Hello, has anyone had experience with an AOS denied. We filed our AOS on July 07, and then recieved a notice in NOV07 saying they needed additional evidence because she had a class B medical condition, but did not tell us what the specific condition is. She was never told that after her medical exam in the Philipines. The only paper work they gave her was the Vaccination worksheet which said her immunizations were incomplete and she needed a tetnus shot. We called the USCIS national service center and asked for clarification, we were told just to submit the updated vaccination form and have the civil surgeon sign a new I-693 stating her shots were all complete. We did that. Then on Jan 11th we received notice her AOS was denied because we did not have a complete I-693 ...because she had a class B medical condition, it also said that she was told to see a physicain with in 30 days of arriving in the US....which she was never told. We are unsure whether to file a new AOS or try to re-open the denied one. We are in the process of getting a full exam by a civil surgeon....we have 30 days if we are to file to reopen. Our concern is that is we file to re-open they will deny it and start proceedings for deportation, and won't be able to file a new AOS. In the denila letter it says we can open future cases without prejuduce....but if we we file to re-open and it is denied will we still have the option to file a new AOS????

[TracyTN 237]

I would seek the counsel of an experienced immigration attorney.

[Otto 83]

Are you certain the denial was due to Class "B"?

Based on what I've read, that is due to being infected with tuberculosis - Class "A" could be for (among other things) not documenting a vaccine.

[Bforbarree 4]

I would seek the counsel of an experienced immigration attorney.

Agreed! And please keep this thread updated!

Wishing you all the best.

[invirginia 0]

Are you certain the denial was due to Class "B"?

Based on what I've read, that is due to being infected with tuberculosis - Class "A" could be for (among other things) not documenting a vaccine.

The notice said she had a "class B" medical condition......

[pamela67 0]

I had Vaccination sheet problem bcs i didnt send them new form ,only embassy form(for second time).and they denied my application.i hired attorney in orderto "motion to reopen"but they denied motion too.and i filed everything from the first.

Now its up to u.in my opinion re-filing is faster and has money profit as well.

Edited January 30, 2008 by pamela67

[invirginia 0]

I had Vaccination sheet problem bcs i didnt send them new form ,only embassy form(for second time).and they denied my application.i hired attorney in orderto "motion to reopen"but they denied motion too.and i filed everything from the first.

Now its up to u.in my opinion re-filing is faster and has money profit as well.

Did you re-apply for AOS ????? Her Emploment autherization was termination also...do we have to file for a new EAD also???? Thank you

[*JG* 2]

If it says class B and the thought is it might be TB, I would have her tested for TB when she sees the doctor.

[rebeccajo 14]

From the Centers for Disease Control - this link:

http://www.cdc.gov/Ncidod/dq/refugee/faq/faq.htm

Class B conditions include:

- inactive or noninfectious tuberculosis

- treated syphilis

- other sexually transmitted diseases

- pregnancy

- treated, tuberculoid, borderline or paucibacillary Hansen’s disease

- sustained, full remission of abuse of specific substances* and/or any physical or mental disorder (excluding addiction or abuse of specific substances but including other substance-related disorders) without harmful behavior or history of such behavior considered unlikely to recur (*amphetamines, cannabis, cocaine, hallucinogens, inhalants, opioids, phencyclidines, sedative-hypnotics and anxiolytics).

[pamela67 0]

yes i re-applied for AOS ,and everything from the first.make sure ur problem(class B) is not a ban for ur approval again.unfortunetally,EAD is 1-485(AOS) related,and you can not renew it ,bcs ur AOS is denied,but u can reapply for EAD along with reapplying for AOS.

[kim&james 0]

My first thought is too find out from your own GP, what is the problem. Explain to him the procedures that you have gone through (medically) for the AOS. Then go to a CS and from the looks of it redo the complete I693. Taking with you all previous documentation and the findings of your own GP. If this condition requires future medical treatment better to have someone you trust.

At this stage I would be more concerned about your wifes health rather than the AOS. I dont mean that to sound harsh but to do this in steps. After you have all the facts then decide whether to re-open or submit a new application. Yes you will have to refile for EAD and AP.

[rebeccajo 14]

Why can't the health issues and immigration issues be dealt with at the same time?

My suggestion would be to find a doctor who is also a Civil Surgeon. Use the Civil Surgeon locater on uscis.gov.

At the same time, seek competent immigration counsel.

There really isn't a lot of time to waste here. There is a deadline on motions to reopen (I believe it is 30 days).

[invirginia 0]

Why can't the health issues and immigration issues be dealt with at the same time?

My suggestion would be to find a doctor who is also a Civil Surgeon. Use the Civil Surgeon locater on uscis.gov.

At the same time, seek competent immigration counsel.

There really isn't a lot of time to waste here. There is a deadline on motions to reopen (I believe it is 30 days).

Yes we have done both...we are currently getting a new physical done and have retained a lawyer...just want to know if others have had similar situations....what happens if we don't adjust status....does her K-1 visa run out or????

[TracyTN 237]

Her K1 visa 'ran out' the moment she used it at POE. Her status was then derived off the I 94, and once it expired, off her pending AOS case.

That's why you need to get this handled.

[payxibka 10,044]

Yes we have done both...we are currently getting a new physical done and have retained a lawyer...just want to know if others have had similar situations....what happens if we don't adjust status....does her K-1 visa run out or????

Her K-1 status expires with the I-94 (90 days after entry).