I-290B tips for filling

[dundeehighlander 17]

Hi all,

          I was recently denied due to the civil surgeon failing to check two boxes relating to vaccines that I was not required to have (not age appropriate) in the I-693 form.  I am in the process of trying to open my case by filling a I-290B and I wondered if anyone has any tips on structure/layout?  

 

Any advice or comments very welcome.

[Pinkrlion 2,611]

It depends on what vaccines.  You will still have to overcome the vaccine missing on your exam.  Is the civil surgeon willing to recomplete the paperwork with the corrections?

[dundeehighlander 17]

Hi there,

              The vaccines were for children and not adults, the surgeon forgot to tick the two check boxes that indicated this and USCIS denied me purely for that.  

 

I do have a new corrected I-693 and I have also a letter from the doctors office admitting that they made an error and that I have all adult required vaccines.

[Pinkrlion 2,611]

25 minutes ago, dundeehighlander said:

Hi there,

              The vaccines were for children and not adults, the surgeon forgot to tick the two check boxes that indicated this and USCIS denied me purely for that.  

 

I do have a new corrected I-693 and I have also a letter from the doctors office admitting that they made an error and that I have all adult required vaccines.

I think along with a letter written by you, I think that the sealed corrected forms and letter from MD, should be OK.

[Family 3,549]

Don’t get stuck on formatting a brief .,,you can even state the facts of your case on the last page of the form , list the evidence enclosed and bypass the formality. 
You can tile Motion to Re-Open and Motion to Reconsider 

Name / A#! I-485 case no 

 

On xyz , Service issued a denial of I-485 citing “ copy reason from denial” .I seek relief and review as I complied with all requirements and any deficiency /errors and or omissions on the I-693 were beyond my control . 
Kindly note I underwent a medical exam via panel physician in xy prior to my K-1 via approval and was not provided o copy of the DS-xyz ..and relied on the approval and subsequent admission as indication I was cleared. 
On xyz, Service issued an RFE ( include copy) and I provided a new sealed I-693 Once again I was not given a copy by the civil surgeon . 
The civil surgeon failed to properly complete rhe form , omitting items z,y . Enclosed please find an amended sealed I-693 along with statement acknowledging error by Dr. Evil . 

 

[Wuozopo 4,285]

I think mention of K1 exam with panel physician just muddies the water. When one sees a civil surgeon for a new exam, what happened at a panel physician is no longer relevant. He started over in the US because a year had passed before he filed for AOS. Keep the focus on the I-693 and civil surgeon. 

[Wuozopo 4,285]

@dundeehighlander

A motion to Reconsider can only look at the evidence available at the time the decision was made. New evidence like the corrected I-693 and civil surgeon’s statement of error aren’t relevant. Your reconsideration would have to be based on the fact that you were denied for lack of having the HIB and pneumococcal vaccines. Those vaccines were not needed by an adult of x years old. Your record at the interview showed you had received all of the required adult vaccines which are:

• Td or Tdap
• MMR
• Hepatitis B
• Varicella (waived due to a history of having chickenpox)
• COVID-19 vaccine

If you want to add new evidence (corrected I-693) then I believe you need to file to Reopen. I don’t remember which route you had decided on since you mentioned both in your previous thread.

Edited December 8, 2022 by Wuozopo

[dundeehighlander 17]

31 minutes ago, Wuozopo said:

@dundeehighlander

A motion to Reconsider can only look at the evidence available at the time the decision was made. New evidence like the corrected I-693 and civil surgeon’s statement of error aren’t relevant. Your reconsideration would have to be based on the fact that you were denied for lack of having the HIB and pneumococcal vaccines. Those vaccines were not needed by an adult of x years old. Your record at the interview showed you had received all of the required adult vaccines which are:

• Td or Tdap
• MMR
• Hepatitis B
• Varicella (waived due to a history of having chickenpox)
• COVID-19 vaccine

If you want to add new evidence (corrected I-693) then I believe you need to file to Reopen. I don’t remember which route you had decided on since you mentioned both in your previous thread.

Hi Wuozopo,

                       I had decided to follow Family's advice and file for both, reopen and reconsider, unless this isn't a good option?  Thanks to both of you by the way, I have really appreciated all the views and information/advice.

[Family 3,549]

4 hours ago, Wuozopo said:

I think mention of K1 exam with panel physician just muddies the water. When one sees a civil surgeon for a new exam, what happened at a panel physician is no longer relevant. He started over in the US because a year had passed before he filed for AOS. Keep the focus on the I-693 and civil surgeon. 

I- 290 B allows a filling for both and gives an opportunity ro get in front of AAO on both with one filing fee. USCIS could/ should have RFE’d the deficient I-693 for incomplete / missing items and AAO has been inclined to remand for such ( source AAO non precedent decisions). —-

OP’s claim that she was not given a copy of the medical by either the panel physician or civil surgeon supports the claim she had nor opportunity to review /correct submission and has become a prevalent problem with the contracted doctors post pandemic. 
 

My little remaining eyesight hinders my ability to source/ref my position …but I do believe the medical validity period was extended beyond the 12 month and stand behind simplifying argument to errors omissions by designated contractors ..most likely to be acted / approved on by Field Office 
 

[dundeehighlander 17]

11 hours ago, Wuozopo said:

@dundeehighlander

A motion to Reconsider can only look at the evidence available at the time the decision was made. New evidence like the corrected I-693 and civil surgeon’s statement of error aren’t relevant. Your reconsideration would have to be based on the fact that you were denied for lack of having the HIB and pneumococcal vaccines. Those vaccines were not needed by an adult of x years old. Your record at the interview showed you had received all of the required adult vaccines which are:

• Td or Tdap
• MMR
• Hepatitis B
• Varicella (waived due to a history of having chickenpox)
• COVID-19 vaccine

If you want to add new evidence (corrected I-693) then I believe you need to file to Reopen. I don’t remember which route you had decided on since you mentioned both in your previous thread.

Could I use the USCIS guidelines for reviewing the vaccines on the I-693 that indicate that reviewers may issue blanket waivers for age inappropriate vaccines even if civil surgeons have not indicated this.  In other words, can I bring attention the rules for reviewers in my evidence or is this counter productive and may get a negative reaction?

[Family 3,549]

Go to town! It is relevant and you are getting the hang of this!

[dundeehighlander 17]

2 minutes ago, Family said:

Go to town! It is relevant and you are getting the hang of this!

Haha, you are right!  Thanks to all you nice people on visa journey.   Hopefully I can get this all sorted and then be able to add my voice to others on this long and sometimes difficult path!

[dundeehighlander 17]

Can I ask something else?  Having read the instructions again, I noted the paragraph below.  What I do with this, do I just say that I am unaware of any judicial proceeding or just ignore?

 

"All motions must also contain a statement about whether the USCIS decision that is the basis of the motion is, or has been, the subject of any judicial proceeding; and, if so, the court, nature, date, and status or result of the proceeding".

[Family 3,549]

“ As of the date of this filing , there are no known judicial proceedings as a result of the denial”

[Wuozopo 4,285]

11 hours ago, dundeehighlander said:

Could I use the USCIS guidelines for reviewing the vaccines on the I-693 that indicate that reviewers may issue blanket waivers for age inappropriate vaccines even if civil surgeons have not indicated this.  In other words, can I bring attention the rules for reviewers in my evidence or is this counter productive and may get a negative reaction?

Yes. That’s why I gave the Policy Manual link to you. If you read the whole section there are several things that apply. Follow links, see footnotes. You’ve got to dig the information out and find the proper wording (like the vaccines were medically inappropriate for my age) or get a lawyer to prepare it for you. 

 

 

Edited December 9, 2022 by Wuozopo