dundeehighlander

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.

One more question, sorry.  I don't plan to hire a lawyer to file my I-290B, however I am not sure how the brief/statement should be laid out.  I was planning to do a cover letter listing my evidence, add my evidence and then do a summary/statement at the end.  No legal cases examples etc.  Would this be sufficient?  Would anyone have a template/example of how things are set out?

Thanks in advance.

K 

1 hour ago, Family said:

Considering you already made the decision to accept it, no use in self torment, doubt.

 

It should work, but as I stated earlier both the filing fees ( this I-290 B and future new I-485 if needed) should be covered by the doctor …willingly now or via small claims court later.

 

 

Hi Family,

                 Yes, have to go with what I have and make a good case to reopen my case.  And yes, self doubt is the name of the game at the moment for me.  Regarding them paying for any new costs, I think I will wait and see how things go for now and claim later.  I have a copy of a letter that they have me admitting error.

Thanks again for replying, these comments really make you feel less alone in this process.

3 hours ago, Wuozopo said:

I wouldn’t do the medical over again. You got a new sealed envelope for USCIS? And a photocopy for yourself? You are vague in your description.

Hi Wuozopo,

                      Thanks for your reply again, yes, I did get a sealed envelope and a photocopy for myself.  I did have to ask for it again, never got it the first time around but did this time by asking.

12 hours ago, dundeehighlander said:

Just an update, I went back to the original doctor to get a new I-693 form.  They have me an amended copy of the form, with the original date but with the missing boxes ticked.  They also added a letter admitting an error, confirming that the two vaccines missed out were not age appropriate and that I was fully vaccinated for an adult.  

 

I am worried that USCIS will not accept an amended original document, but apparently the doctor thinks it will be fine.  I couldn't see the doctor because she wasn't in that the center today and won't be there until next week, time that I just don't have.

 

I did sign in ink the amended copy.

 

Any thoughts of this will be problematic?

 

 

Just wondered if anyone had any thoughts on my post? 

Would I be better getting another completed medical from a different doctor?  

Any views very appreciated.

Just an update, I went back to the original doctor to get a new I-693 form.  They have me an amended copy of the form, with the original date but with the missing boxes ticked.  They also added a letter admitting an error, confirming that the two vaccines missed out were not age appropriate and that I was fully vaccinated for an adult.  

I am worried that USCIS will not accept an amended original document, but apparently the doctor thinks it will be fine.  I couldn't see the doctor because she wasn't in that the center today and won't be there until next week, time that I just don't have.

I did sign in ink the amended copy.

Any thoughts of this will be problematic?

Thank you Family, all the advice and information has helped me greatly.  Thanks to everyone who have contributed, I will let you know what happens.

Thank you so much for that Wuozopo, it seems pretty clear that the person reviewing made an error in judgement when reviewing.  Is my best option then to file for a reopening of my case or motion to to consider? What is the easier to prove?

Hi again,

               Thanks for the reply.  Would I file a motion to reopen or a motion to reconsider using Form I-290B?

Thanks for all the information, very helpful, really appreciate it.

Thank you for that Family, really helpful and positive. If I file the I-290b I will still be legally in the USA and still able to file again for I-485 if they don't reopen my case?

By the way, I went down to the doctor's office today but the doctor wasn't there, not there until Monday.  I told the receptionist about the issue and she is going to get the doctor to call me on Monday.  I am hopeful that she will at the very least give me a corrected I-693.

The field worker from the congressional office has emailed USCIS on my behalf and I now have to wait until a reply is received.  If this is rejected then, firstly, would it be worth filling to reopen my case and pay $650?  Bearing in mind that the denial states that I have not been fully vaccinated which is incorrect.  If this is not a favoured option, an I right in saying that I have only 33 days from the denial notice to refile I-485 or I will be living illegally in the US. 

Any comments very welcome.  Very stressed and depressed at the moment.

Keith

My thought on the note from the doctor is that she might be a bit wary to admit an error(even although it's obvious) due to potential legal action.  Maybe I am wrong with this though.

Thanks Milimelo,

                              Your positive comments give me hope, thanks for that.  I will keep you all updated.  Just wondered if you think I should get a corrected copy of the I-693 from the doctor and ask the congressional staff member if they could submit it?  Or do I have to wait to see if USCIS reopen my case.

Hi Wuozopo,

                       I had a medical in London but I was missing a vaccination and planned to get that done in USA.  However, by the time I applied for AOS it was over a year and needed a new medical.  That's when I contacted a civil surgeon in the US to get things done.  When I had completed the exam and vaccines, I wasn't given a copy of the form, only the sealed envelope which, after an rfe, I sent in.  I assumed that this was confidential and at no stage did I see the I-693.  I went down yesterday to the doctor and they printed off a copy, where I spotted the error.  I have read elsewhere that is common for applicants to contact the doctor again and then supply an error free copy but not in my case.  It's heartbreaking that I could be sent packing because of a doctor's error for vaccinations not age appropriate.

I filled for AOS in December 2021.  I mailed in the I-693 in response to an RFE.  

If it is confirmed as denied, how long do I have to reapply?  Can I reapply?

Keith

Hi again,

                An assistant from the congressional office has got back in touch and are asking to see evidence.  I will send this tomorrow.  As I mentioned before, I didn't get a copy of the I-693 at the time of the exam but went down today and they gave me a copy.  Is clear that the doctor has failed to check the two vaccination options in question and left them blank, it is her mistake but it looks like it will cost me dearly.  She has checked options on other not age appropriate vaccines but not those two.  Do I still have a chance of opening the case?

Thanks milimelo, that explains it very well, really appreciate your help.

13 minutes ago, milimelo said:

You play it on two fronts - DS-3025 there - include it in. If not, you still have a valid claim that you weren’t even eligible to get hib and pneumococcal as it wasn’t age appropriate- provide screenshot of the cdc guidance above - it’s broken down by age. 

I am going down today to get a copy of the medical she sent in.  Once I have that, do I contact the USCIS with the evidence?  How do I "play it".

If I contact the doctor for a copy, would she be able to help change the outcome?  Regarding the copy of the medical, I honestly assumed that she would know what she was doing, I wouldn't know what boxes she had to tick on the form and of she had missed any.

I don't have a copy of the medical, I assumed the doc new what she was doing and just sent the sealed envelope.  It seems that maybe she has filled it in incorrectly.  I did think about contacting the doctor but if the decision is final, I don't think that would be of any use.

Thanks to all who have replied and provided information.  I have emailed my congress representative.  There is an option on the letter to file a I-290B if I think they have made an error, should I do this?

Hi Powerpuff, I did get the hep b vaccination 

I initially had an rfe for a medical which I did and sent them the letter.  But noone offered me the inoculations that they have denied me on. 

Don't know what to do now.

Hi there,

              Just had the devastating news that my application has been denied.  I had an rfe for a medical exam based on the fact that it was over a year since my last one in London.  I came here on a k1 visa.  The ground for denial is because I didn't have the hib and pneumococcal vaccines that are required.  The civil surgeon didn't even offer me these ones!  I had the MMR, hepatitis and flu.  I want aware that I had to have these ones.  Just don't know what to do now, any help would be appreciated.

Keith

Hi all,

          I wondered if anyone knows of a reasonably priced doctor near San Bernardino in California?  I had a rfe for my medical and need the medical and vaccinations.  Any info very welcome.

Thanks

I called last last week and got a very friendly representative who suggested that my message to USCIS detailing my brother's issues and asking for an expedited request was enough.  Unfortunately, unlike you Lastrose, I have just received an email from them adding for evidence.  My brother, for sure, wouldn't be willing for me to send medical records to them as one of his issues is paranoia.  Therefore, the door seems to have slammed shut.  The rep did suggest that I can call them back at the start of next month and they might be able to chase things.  

Thanks for your help though.