Help!!!

[shell20 746]

Nich-Nick, once again you have helped me out immensly. Thank you SO much!! I have woken up today with the worst headache, every bone in my body aches and I haven't got the energy to argue with out lawyers, who yes seem to apply one rule to every client. I have had to tell them on several occasions that this form isn't relevant to my case.

could you please clarify what the bit means about a blanket waiver, I am not too sure what that means, also could you clarify with some urgency as they are awaiting our reply, that I don't need to go and see a civil surgeon to transcribe? I have every single injection that is required for immigration and its all up to date and its hard for my husband to get time off to take me to sort this out.

Thank you in advance

Shell

It sounds like your lawyer has a checklist for all clients and does not know that K1s do not need another medical exam and that if they have a properly completed DS-3025, they do not need their vaccinations copied to a new form. I am sure your form from Knightsbridge says Incomplete as well as May be eligible for a blanket waiver. That is how almost all are marked. The nurse there gives a lame explanation of why it is marked that way.


Do I need a medical exam?

What if I am a K nonimmigrant visa holder and already had a medical exam overseas?

If you were admitted as a:
A. K-1 fiancé(e) or a K-2 child of a K-1 fiancé(e); or as a
B. K-3 spouse of a U.S. citizen or a K-4 child of a K-3 spouse of a U.S. citizen; and
C. You received a medical examination prior to admission, then:
1. You are not required to have another medical examination as long as your Form I-485, Application to Register Permanent Residence or Adjust Status, is filed within one year of your overseas medical examination, and the medical examination did not reveal a Class A medical condition, or if you did have a Class A medical condition, you received a waiver of inadmissibility and have complied with the terms and conditions on the waiver.

2. Even if a new medical examination is not required, you must still show proof that you complied with the vaccination requirements. If the vaccination record (DS 3025) was not properly completed and included as part of the original overseas medical examination report, you will have to have the vaccination report completed by a designated civil surgeon. In this case, you are required to submit the vaccination record and page 1 of Form I-693.

above is from the I-693 instructions page 5.

Do you need an I-693 immunization sheet? Is my DS-3025 filled out properly?

Look at your DS-3025. If it has the ALL of the following items, you don't need an I-693 (Adults 19-49 yrs old).

1. Shots marked with a date (at least one of a series)
--MMR (two are required but if you have the column "insufficient time interval" checked, then you get a waiver)
--Td or Tdap or DT or DTP or DtaP (One dated no longer than 10 years ago, or have a booster)
--Varicella or VH written by it if you had chickenpox
--Influenza (during flu season)** see note below because you are most likely okay without it.

2. Everything else marked not age appropriate, insufficient time interval, not flu season...things that allow a waiver.

3. RESULTS section filled in with "incomplete" and "may be eligible for blanket waiver" ticked or "complete" (but complete is rare).

4. Signed and dated by the doctor

If it's not completed EXACTLY like that then see a civil surgeon for the I-693. If it is complete, send a photocopy of your DS-3025. Almost isn't good enough. It needs to be filled out properly.


The USCIS is supposed to have your K1 medical files, but sometimes lose them or fail to match them up with your AOS. Do not get another exam unless you get an RFE that says they do not have results of your medical. It means they lost them, but you are probably stuck with paying for a new exam. Those kinds of RFE's are not about the immunizations or the form I-693; they are because USCIS failed to match up your other medical exam results with your AOS application.

**Note on flu shot: Flu shots are required for adults of all ages (changed Nov 2010) if your visa exam was between (Oct 1 and March 31). But if the AOS adjudicator picks up your case when it is not flu season, you will be excused. And the reverse is true. The adjudicator picks up your case during flu season, but sees it was NOT flu season when you had your medical exam, you are also excused because the date they go by is the date of your exam to determine if you were current on that date. Keep in mind that if you go to a civil surgeon for an I-693, then you are resetting the medical exam date for immunizations and you may have to get second doses of shots or a flu shot to become current on your new immunization date of record.


What if I only had one dose of MMR and it's marked "insufficient time interval"? Do I need to another dose and must I see a civil surgeon before AOS?

NO you do not need to see a civil surgeon unless USCIS loses the whole medical file you turned in at POE. If you were up to date the day that DS-3025 was signed, then you're okay without getting 2nd or 3rd doses. You can get them for your health, or you can not get them ever. It was not medically appropriate for you to get dose 2 on top of dose 1. There's a time interval for doses. So you get a waiver for "insufficient time interval" if that is marked on your DS-3025.

If you are one of the unlucky ones with a lost medical, then you will have to get a full medical again. By then, enough time would have passed for dose 2 so expect the CS to say you need it. Hopefully it won't come to that.

If you just chose not to get a second dose that was due (because it was more than 4 weeks since dose 1) then you wouldn't have that "insufficient time interval" waiver marked on your DS-3025. It was medically fine to have the second dose and you didn't. You aren't complete and have no waiver excuse.


What if I don't have a DS-3025?

If you are positive that you got the needed shots, then actually mailing in a DS-3025 photocopy is not necessary. The original form is with your other medical results and was turned over to USCIS at POE. That's actually the one that counts because it remained in the "chain of custody" so you didn't have an opportunity to alter it. The photocopy isn't really an official copy and is more for a reminder that you got complete at your visa exam. Of course without having a copy, you don't have the opportunity to see if the rest of the form was completed correctly.

[Nich-Nick 3,353]

Nich-Nick, once again you have helped me out immensly. Thank you SO much!! I have woken up today with the worst headache, every bone in my body aches and I haven't got the energy to argue with out lawyers, who yes seem to apply one rule to every client. I have had to tell them on several occasions that this form isn't relevant to my case.

could you please clarify what the bit means about a blanket waiver, I am not too sure what that means, also could you clarify with some urgency as they are awaiting our reply, that I don't need to go and see a civil surgeon to transcribe? I have every single injection that is required for immigration and its all up to date and its hard for my husband to get time off to take me to sort this out.

Thank you in advance

Shell

Just seeing this so maybe not quick enough. I woke up feeling similar to your description. However, do not be intimidated by lawyers. They work for you and it is your timeline to set.

A blanket waiver is one that does not need a special application or form by an individual. It is a broad power given to USCIS adjudicators, I guess is one way to explain it. The USCIS officer can grant that some shots be waived at his own discretion based on reasons verified by a panel physician or civil surgeon.

The shot list for immigrants is

Diphtheria

Tetanus

Pertussis

Polio

Measles

Mumps

Rubella

Rotavirus

Haemophilus influenzae type b

Hepatitis A

Hepatitis B

Meningococcal

Varicella

Pneumococcal

Influenza

You didn't get the whole list, so you are "incomplete".

BUT there are reasons why it is not medically appropriate for you to have every shot. Most are baby shots and not appropriate for adults. The reason ticked by those is "not age appropriate"

Some shots have a time interval between doses. If you had a MMR shot the week before you went to the panel physician or civil surgeon, it would not be medically safe for you to have another jab so soon. The wait time is 4 weeks. You get the reason "insufficient time interval" ticked.

Let's say you were pregnant. Rubella vaccine is very dangerous for an unborn child. You would get the reason ticked "contraindicated" meaning should not be given to you because that panel physician knows you are pregnant. The same would be true for a person who brought in evidence that they had allergic reactions in the past to vaccines or were allergic to eggs. (Egg albumin is used to make some vaccines.)

So your final list would show shots given or a reason why it is not medically appropriate for you. You didn't complete the entire list with a shot, but you "may be eligible for a blanket waiver" because for each shot you didn't get, a doctor has given a reason why not. So the USCIS officer waives the inappropriate shots. It's automatic but just sounds a bit officious.

FYI-- there are formal document waivers for shots too. If you didn't get any shots at all and said it was because of being against your religion, then there is a specific waiver process. You would document your religion and show it had been your religion for many years, etc...mucho paperwork and a form filing fee. Much different that the invisible blanket waiver applied to medical reasons for not having a shot.

[shell20 746]

Thank you Nich Nick, it was quick enough, only I have been really poorly, taken tylenol didn't work, iburofen that didn't work, then a bath, still no joy, not really recovered from my ear infection I guess. I am now sipping lemon and honey. Hope you are feeling better! Any way an update, my husband emailed the lawyers to say we wouldn't be going to a civill surgeon as I have all the injections required for my age group and the slip to prove it. Guess what, they haven't bothered acknowledging out email. I really advise people to think twice before hiring any lawyers, unless it is a complex case. When we were applying for a K1 visa they told us to fill in the wrong forms and it was only through yourself and ohters on here that verified their mistake for me.

I wont be writing a rave review for them when the AOS is finished and hopefully we are not tied in for removing conditions with them! An update on the social security number i was talking about last month and you kindly answered too. Well they rang up this week and after confusiion about the i94 and such they said they would be issuing one, which means I can finally apply for a driving licence and perhaps have some freedom at last.. Once again a big thank you!!!!!

Just seeing this so maybe not quick enough. I woke up feeling similar to your description. However, do not be intimidated by lawyers. They work for you and it is your timeline to set.

A blanket waiver is one that does not need a special application or form by an individual. It is a broad power given to USCIS adjudicators, I guess is one way to explain it. The USCIS officer can grant that some shots be waived at his own discretion based on reasons verified by a panel physician or civil surgeon.

The shot list for immigrants is

Diphtheria
Tetanus
Pertussis
Polio
Measles
Mumps
Rubella
Rotavirus
Haemophilus influenzae type b
Hepatitis A
Hepatitis B
Meningococcal
Varicella
Pneumococcal
Influenza

You didn't get the whole list, so you are "incomplete".
BUT there are reasons why it is not medically appropriate for you to have every shot. Most are baby shots and not appropriate for adults. The reason ticked by those is "not age appropriate"

Some shots have a time interval between doses. If you had a MMR shot the week before you went to the panel physician or civil surgeon, it would not be medically safe for you to have another jab so soon. The wait time is 4 weeks. You get the reason "insufficient time interval" ticked.

Let's say you were pregnant. Rubella vaccine is very dangerous for an unborn child. You would get the reason ticked "contraindicated" meaning should not be given to you because that panel physician knows you are pregnant. The same would be true for a person who brought in evidence that they had allergic reactions in the past to vaccines or were allergic to eggs. (Egg albumin is used to make some vaccines.)

So your final list would show shots given or a reason why it is not medically appropriate for you. You didn't complete the entire list with a shot, but you "may be eligible for a blanket waiver" because for each shot you didn't get, a doctor has given a reason why not. So the USCIS officer waives the inappropriate shots. It's automatic but just sounds a bit officious.


FYI-- there are formal document waivers for shots too. If you didn't get any shots at all and said it was because of being against your religion, then there is a specific waiver process. You would document your religion and show it had been your religion for many years, etc...mucho paperwork and a form filing fee. Much different that the invisible blanket waiver applied to medical reasons for not having a shot.

[Ketsuban 1,034]

About the secretary emailing your personal info to a complete stranger... is that not quite serious? I'm not sure whether that should be reported. I know it's an innocent mistake, but she could have sent it to the biggest identity thief on the whole planet for all you know.

[elle13 15]

If you no longer wish to be represented by a lawyer, you have NO obligation to stay with your current lawyer. Clients fire their lawyers all the time. No lawyer should be telling you that you're obligated to use their services. All the file materials and documents you sent to them, or that USCIS/NVC sends to them, are yours. You have the right to request them as long as you have paid your lawyer's fees.