I-485 Denial Error by Civil Surgeon

[fawadshahid]

Hi. I applied for I-485 in Jan 2014, recently I got denial letter from USCIS saying that page 5 of i693 is missing. My question is I693 form was filled by civil surgeon and it was sealed by her, so I did not check if she filled all the papers. I am sure the civil surgeon did not make mistake intentionally but because of the page 5 my application has been denied as a incomplete application.

Please advise what the best I can do to get i485 approve

[MaryH]

If your denial is medical completion, then go back to your doctor and have her fixed it. Then resubmit your documents. Because it's her mistake, u shouldn't have to pay her again, I'm sure.

[rayb]

Normally you would not get a denial letter from USCIS, but would instead have received a "Request for Evidence," (RFE), which would allow you time to fix the problem.

If you truly got a denial letter without a prior "Request for Evidence," then it is your fault for ignoring the "Request for Evidence," which must be responded to under threat of denial.

If you mistakenly posted that your I-485 was "denied,' when you actually received only an RFE, then you need to have the doctor's office review their history of the exam and give you a corrected form in a sealed envelope.

If your I-485 was denied because you failed to respond to an earlier RFE, then you will have to either submit a "Request to Reopen," with an explanation and corrected evidence, or resubmit the I-485 package with a corrected I-693 (in sealed envelope) and new $1,070 fee.

--Ray B

Hi. I applied for I-485 in Jan 2014, recently I got denial letter from USCIS saying that page 5 of i693 is missing. My question is I693 form was filled by civil surgeon and it was sealed by her, so I did not check if she filled all the papers. I am sure the civil surgeon did not make mistake intentionally but because of the page 5 my application has been denied as a incomplete application.

Please advise what the best I can do to get i485 approve

[fawadshahid]

Normally you would not get a denial letter from USCIS, but would instead have received a "Request for Evidence," (RFE), which would allow you time to fix the problem.

If you truly got a denial letter without a prior "Request for Evidence," then it is your fault for ignoring the "Request for Evidence," which must be responded to under threat of denial.

If you mistakenly posted that your I-485 was "denied,' when you actually received only an RFE, then you need to have the doctor's office review their history of the exam and give you a corrected form in a sealed envelope.

If your I-485 was denied because you failed to respond to an earlier RFE, then you will have to either submit a "Request to Reopen," with an explanation and corrected evidence, or resubmit the I-485 package with a corrected I-693 (in sealed envelope) and new $1,070 fee.

--Ray B

Hi Ray, Thank you for your reply. I got denied DECISION. They saying I failed to submit the page 5 of form I-693. When I did my medical vaccination, doctor filled the form and gave me a sealed envelope. May be my mistake is that I didn't check or asked the doctor to show me the form before she sealed it, because I didnt expect her to do this kind of mistake. I have to apply for motion to reconsider and will contact doctor to fix what she did and write a apology letter to USCIS for her mistake. Let me know if it make sense!

[rayb]

What you are saying below does make sense, but the DECISION must have been preceded with a request for evidence. Normally, the Decision would have contained some reference to the previously-mailed RFE. Did you get such an RFE and ignored it? The approval of your "Motion to Reconsider" will only be effective if you have compelling evidence that you were not warned by USCIS abut the incomplete medical exam report.

--Ray B

Hi Ray, Thank you for your reply. I got denied DECISION. They saying I failed to submit the page 5 of form I-693. When I did my medical vaccination, doctor filled the form and gave me a sealed envelope. May be my mistake is that I didn't check or asked the doctor to show me the form before she sealed it, because I didnt expect her to do this kind of mistake. I have to apply for motion to reconsider and will contact doctor to fix what she did and write a apology letter to USCIS for her mistake. Let me know if it make sense!

[fawadshahid]

What you are saying below does make sense, but the DECISION must have been preceded with a request for evidence. Normally, the Decision would have contained some reference to the previously-mailed RFE. Did you get such an RFE and ignored it? The approval of your "Motion to Reconsider" will only be effective if you have compelling evidence that you were not warned by USCIS abut the incomplete medical exam report.

--Ray B

I did receive request for evidence, but that was when they asked me to do my medical vaccination from designated civil surgeon, and that's what I did. After that they never contact me regarding that issue and just sent me denial letter.

[rayb]

Okay, now that makes sense. You did receive a "Request for Evidence," RFE, but what you sent to USCIS in response did not meet their expectation, and USCIS followed its usual protocol of denying when submitted evidence did not satisfy the requirement.

So if the final Decision was based on a missing page, the doctor is at fault. He either did not complete the form properly or a page was completed but left out when he sealed everything in an envelope.

Unfortunately, you are now at a point of having to explain this with a "Reopen" procedure, which will cost you $630, a high cost for an apparent mistake by the medical office.

You could not be expected to review a form that was given to you in a sealed envelope, and $630 is a high price to pay for an error by a professional medical person.

--Ray B

I did receive request for evidence, but that was when they asked me to do my medical vaccination from designated civil surgeon, and that's what I did. After that they never contact me regarding that issue and just sent me denial letter.

[fawadshahid]

Okay, now that makes sense. You did receive a "Request for Evidence," RFE, but what you sent to USCIS in response did not meet their expectation, and USCIS followed its usual protocol of denying when submitted evidence did not satisfy the requirement.

So if the final Decision was based on a missing page, the doctor is at fault. He either did not complete the form properly or a page was completed but left out when he sealed everything in an envelope.

Unfortunately, you are now at a point of having to explain this with a "Reopen" procedure, which will cost you $630, a high cost for an apparent mistake by the medical office.

You could not be expected to review a form that was given to you in a sealed envelope, and $630 is a high price to pay for an error by a professional medical person.

--Ray B

Yes, you got me write Ray, Do you think I should apply for motion to reopen or motion to reconsider? And do u think that USCIS will accept this or they gonna say we took the decision based on the evidence provided?

[rayb]

This really depends on how compelling the explanation from your doctors might be.

--Ray B

Yes, you got me write Ray, Do you think I should apply for motion to reopen or motion to reconsider? And do u think that USCIS will accept this or they gonna say we took the decision based on the evidence provided?

[jorge]

adjustment of status denied due to error by USCIS medical surgeon

Hi ,

I had applied for Adjustment of status and i got my I130 petition approved but adjustment of status petition denied and the denial letter say form I163 submitted indicates that the civil surgean again failed to annote his findings regarding syphilis under part 5 and i trusted the doctor and just submitted the RFE second time thinking the syphilis findings were annoted . Please help me now how do i get this fixed. Is there a particular procedure i can follow. Should i get a letter from teh doctor for his negligence and also can i ask my attorney to file motion to reconsider or open? my attorney says its better to file the petition again but since this is just a mistake from USCIS medical officer can i get this fixed without filing again ?