Wonder why some CS's want a new medical??

[VanessaTony 3,567]

So I was replying to another thread and was trying to find some information and came across this:

http://www.cdc.gov/immigrantrefugeehealth/...ground.html#one

You can see that it says: "Aliens applying for adjustment of status to permanent resident must have a physical and mental examination as part of the application process."

I've searched the instructions themselves and there is NO update on the CS's info that states a medical is not required (for some of us), but I found something of interest here: http://www.uscis.gov/i-693

"The medical examination of aliens in the United States must be performed according to CDC's Technical Instructions for the Medical Examination of Aliens in the United States (Technical Instructions or TIs), published by the Centers for Disease Control and Prevention (CDC) in Atlanta, Georgia. These Technical Instructions include the following documents:

* The Technical Instructions for Medical Examination of Aliens in The United States (1991)

* The Tuberculosis Component of Technical Instructions for the Medical Examination of Aliens in the United States (May 2008) (link here)

* Adjustment of Status for U.S. Permanent Residence Requirements: Technical Instructions for Vaccinations 2009 (link here)

* Any updates to the documents above as published on CDC's website. (updates would be posted here)

These documents and updates can be obtained from CDC's website.

CDC does not mail hard copies of these documents; it is the responsibility of the civil surgeon to obtain these documents on-line and to comply with the requirements of the Technical Instructions.

Failure to comply with the Technical Instructions may result in the revocation of civil surgeon designation by USCIS."

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So today I called the CDC and spoke with a gentleman AT LENGTH in regards to the instructions. I tried to find the 1991 instructions but couldn't find it, which prompted my call (their website has changed and needs to be re-indexed :S)

So, I asked him if he could find anything in regards to the medical being REQUIRED, he said he had the technical instructions (which I posted above) and i quoted the 693 instructions (here: http://www.uscis.gov/files/form/i-693instr.pdf page 4) and he stated that "the CDC is not a regulatory body. USCIS IS a regulatory body and while the CDC can post recommendations, those recommendations when in conflict with the instructions of a regulatory body are replaced by those instructions."

So, also on the CDC website with the civil surgeons info is a link to the USCIS I-693 form. On the instructions is a section for the civil surgeon, and there is also the FAQ's. These instructions count as info from the regulatory body.

Here is a link to a Q&A carried out by USCIS and specific questions answered in regards to fee regulations, reporting a civil surgeon, etc: http://www.uscis.gov/portal/site/uscis/men...000082ca60aRCRD

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So, in closing, if you attend a civil surgeon with the instructions printed (which they should have as well) and point to the specific section that says you don't need a new medical if you had one in the last year (and the date on your vaccination sheet should prove the date of your medical) then they are to follow the rest of the instructions in regard to that BUT as stated in the Q&A above, there is no price guarantee.

I haven't found anything YET that deal with CS's refusing to do it without a medical and whether that's frowned upon, but given that the instructions themselves state that failure to comply may result in de-registration AND, given that I'm sure they make a LOT of money from doing this for immigrants, being told that you will report them for failure to comply SHOULD get them to sit up and take notice... though they could then fight that by saying "sure, I'll do the transcription, but I'll charge you $1000" that kind of fill's the requirements. I wouldn't deal with the person anymore, I would try and be nice first and then leave making sure they're aware you're reporting them because I suppose it IS kind of blackmail... and I wouldn't want them to complete my form incorrectly, even though completing it incorrectly means they will get in trouble too.

So it's just an idea anyway. I haven't tried it myself because there is a doctor near me that knows about "transcription only". They could still try and get you by claiming you need more shots that you actually need but like everything else, just make sure you have all the instructions, like the vaccination stuff above, and the table here: http://www.cdc.gov/mmwr/PDF/wk/mm5901-Immunization.pdf (page 2 has the table). Information is power!

[Rebecca Jo 1,962]

Civil surgeons see far fewer K aliens than other categories. Most aliens do indeed need a full medical for their adjustment of status.

I know there are shysters out there in any business, be they professional or otherwise. But I sincerely believe most civil surgeons (and their staff) are merely ignorant of aliens needing only transcription services as that request is out of the norm.

Taking in a copy of the regulations to the MD's office surely is in the best interest of that alien. I believe any medical professional worthy of their credential will not take offense to it.