Medical exam issues (something new?)

[Scandals Ball Sac 0]

I have read many threads but have not found the problem we are experiencing. Hopefully someone can give me some insight. It is has become overwhelming with the hoops we must jump thru to satisfy the USCIS.

The problem:

We have applied for AOS and recieved EAD and AP but recieved a RFE for the I-485, pertaining to the medical exam.

My wifes son arrived on a K2 visa. He had all the vaccinations and medical done in Russia for the K2 Visa. He has a birth defect in one leg which causes him to walk with a slight limp. He requires no braces or crutches to walk. For some reason the physician checked the box on the medical exam saying he needs a follow up "check" within 6 months after arrival. This is to be with a "neurologist" IE. "specialist" for his limp. It is a birth defect and cannot be cured. I think he was thinking someone could help him after he settled here with his limp. Good intentions but might have caused big problems.

The RFE states he must show proof of the follow up exam for the limp. We cannot afford a specialist and cannot find a CS who is a neurology specialist. The RFE states its must be nuerologist. The local CS will not check him because they state they are not nuerologist. IE. Not qaulified. Im at a loss.

Here is the exact words on the RFE:

"A Review of our records indicates thet you have entered the US pursuant to a valid K-1/K-2 nonimmigrant visa. All USCIS records relating to you have been reviewed The examining physician noted on your U.S. Department of State Medical Form DS-3026, Medical History And Physical Examination Worksheet, that you were required to have a follow-up within six months of your arrival into the United States with a NEUROLOGIST. ( see attached copy of DS-3026). We do not have evidence of this follow up medical examination"

Is this something new?

[Bobby+Umit 161]

No - nothing new here.

There were requirements on your medical exam, that you need to take care of prior to them doing the AOS.

I you cannot answer the RFE, they will deny the AOS. So, of course, the suggestion is to actually do the follow up as requested with the first medical.

The CS can probably refer you to a neurology specialist, then transcribe the results (which is basically what they do for vaccinations).

Ask your CS if they can do that.

[Scandals Ball Sac 0]

No - nothing new here.

There were requirements on your medical exam, that you need to take care of prior to them doing the AOS.

I you cannot answer the RFE, they will deny the AOS. So, of course, the suggestion is to actually do the follow up as requested with the first medical.

The CS can probably refer you to a neurology specialist, then transcribe the results (which is basically what they do for vaccinations).

Ask your CS if they can do that.

I have inquired about the issues before I posted here. The medical exam must be performed by a civil surgeon I cant find a CS who is a Nuerologist without flying half way around the world.

But nothing new here.

[NatPatBen 3]

I have inquired about the issues before I posted here. The medical exam must be performed by a civil surgeon I cant find a CS who is a Nuerologist without flying half way around the world.

But nothing new here.

Are you sure the neurologist has to be a CS? I would think you'd have a neurologist look at the situation, then have them send their results to the CS who will perform the medical.

The CS my husband went to yesterday suggested something similar, if he needed to have the chest x-ray (which he doesn't)... she said get it done by whoever (using our insurance) and have them send her the results.

[Bobby+Umit 161]

I have inquired about the issues before I posted here. The medical exam must be performed by a civil surgeon I cant find a CS who is a Nuerologist without flying half way around the world.

But nothing new here.

So you asked your CS if they would transcribe the exam for this (after the specialist does it)?

I ask this because it is in the CS manual:

C. REFERRAL FOR FURTHER EVALUATION

In some instances the civil surgeon may be unable to

make a definitive diagnosis or to determine whether a

disease or disorder is a Class A or a Class B

condition. In such instances, the civil surgeon must

refer the alien for a medical or mental health

evaluation that will provide sufficient information to

resolve the uncertainties of either diagnosis or Class

A or Class B designation. The civil surgeon remains

responsible for completing and forwarding the medical

report form to the INS official. The report of the

consulting physician, as received by the civil

surgeon, must be included with the medical report form.

(source)

(Bolding mine)

Edited January 7, 2010 by Bobby_Umit

[Scandals Ball Sac 0]

The CS's in my area (75 mile radius) say they are not neurologist. Then when I ask about transscribing they say they cannot because the physician must be a CS, according the the instructions on the RFE, to fill out the follow up medical. It is bolded and underlined on the RFE. Must be a CS

I have faxed the RFE to 4 offices. I get the same response after they look at the instructions. So, I guess I will find a way to be decietful.

I think things are changing in the way they handle the medicals and not for the good. Hence the reason I posted my problem. Heads up.

The K2 already had an approved medical for the visa but must do a follow up for nothing. A foreign doctor suggested a specialist for some unknown reason but I cannot get this cleared up. Must be a goof ball sitting in a cubical that cant see common sense. ( he does not have a disease or disorder, class A or B) It is a limp

Thanks for the responses.

Edited January 7, 2010 by surfaceminer

[Bobby+Umit 161]

The CS's in my area (75 mile radius) say they are not neurologist. Then when I ask about transscribing they say they cannot because the physician must be a CS, according the the instructions on the RFE, to fill out the follow up medical. It is bolded and underlined on the RFE. Must be a CS

I have faxed the RFE to 4 offices. I get the same response after they look at the instructions. So, I guess I will find a way to be decietful.

I think things are changing in the way they handle the medicals and not for the good. Hence the reason I posted my problem. Heads up.

The K2 already had an approved medical for the visa but must do a follow up for nothing. A foreign doctor suggested a specialist for some unknown reason but I cannot get this cleared up. Must be a goof ball sitting in a cubical that cant see common sense. ( he does not have a disease or disorder, class A or B) It is a limp

Thanks for the responses.

Print out the CDC instructions as sourced above.

About the Class a/b disease/disorder - your missing this in the quote

civil surgeon may be unable to make a definitive diagnosis or

The CS cannot make a definitive diagnosis - so he can outsource it.