RFE for Medical but already submitted with Initial Concurrent Filing

[RMA67]

Hello AOS Experts,
I need expert advice and the best way to go about this RFE for Medical which I already submitted together with my Initial Concurrent filing last Aug 11, 2020.
My lawyer has told me to get another one from my doctor signed dated today and he will send out and he will let uscis know that is an error/mistake coz he did include it.

But I was reading the RFE and it clearly states on the Notice in Bold letter 'Do not mail documents at this time'. And if I get an interview notice to bring it to the interview day and if no interview required, I will receive another RFE with further instructions.

I am torn with the advice from my lawyer and what the Notice states.

For those who had experience this, please advise best recourse.
Thank you in advance.

**** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** *
USC (Daughter) filed AOS for Parent (Me) on B2 (Concurrent filing with Lawyer)
Forms I-130/485/765/131/864/944/693

Timeline:

8/10/20 - Sent FEDEX to Chicago
8/11/20 - Received by J.Harper
8/25/20 - fingerprint fee accepted for I-485
8/27/20 - notification from bank checks cashed
9/03/20 - text notification received
9/08/20 - I-797C forms received in the mail
11/18/20 - I-693 Deficiency Notice for Medical (I-693)

[Candy2020]

I am in same situation but I was told to re do my medical and bring it to the interview , my case is ready to be scheduled for an interview so I just scheduled appointment for medical next month

[LPR82020]

RMA67 i also had a similar RFE...(However it was technically a courtesy letter) as a parent being sponsored by child. My lawyer advised me to wait just like the letter stated....and indeed they sent an RFE a few months later asking me to mail my medical to them. (I was approved without an interview). So I think your instincts are right....by not mailing anything right now. Best of luck...you’re almost to the end!

[RMA67]

RMA67 i also had a similar RFE...(However it was technically a courtesy letter) as a parent being sponsored by child. My lawyer advised me to wait just like the letter stated....and indeed they sent an RFE a few months later asking me to mail my medical to them. (I was approved without an interview). So I think your instincts are right....by not mailing anything right now. Best of luck...you’re almost to the end!

@LPR8202 Thank you for the information and advice. Appreciate it very much especially going thru this waiting game with USCIS.
One more question though, did you also submit it at the same time with your initial concurrent filing or was it submitted later in your process?

[000000]

are you sure its an RFE and not a pink deficiency letter? If its an RFE, it will have instructions to send the medical in.

If its a deficiency letter, i.e. courtesy letter, then you need to take the medical to the interview and NOT send it in (as that can delay the case, which is stated in a courtesy letter), unless they send you another letter asking for the medical in am actual RFE.

Either way, it sounds like USCIS either does not currently have your medical OR the medical was not fully filled out right or expired or lost and at this juncture its best to prepare and have a medical ready to bring to your interview.

[eb1cguy]

are you sure its an RFE and not a pink deficiency letter? If its an RFE, it will have instructions to send the medical in.

If its a deficiency letter, i.e. courtesy letter, then you need to take the medical to the interview and NOT send it in (as that can delay the case, which is stated in a courtesy letter), unless they send you another letter asking for the medical in am actual RFE.

Either way, it sounds like USCIS either does not currently have your medical OR the medical was not fully filled out right or expired or lost and at this juncture its best to prepare and have a medical ready to bring to your interview.

Please note that the medical has some validity associated with it. Hence if you don't need a medical right now, then I would recommend that you wait for the interview notice and then get the medical done, otherwise it will be a waste of money.

[LPR82020]

@LPR8202 Thank you for the information and advice. Appreciate it very much especially going thru this waiting game with USCIS.
One more question though, did you also submit it at the same time with your initial concurrent filing or was it submitted later in your process?

No, I did not...so the courtesy letter (from NBC) I first received was informing me it was missing from my file...then I got an RFE (from local uscis office in Boston) asking me to mail it to them.

[RMA67]

are you sure its an RFE and not a pink deficiency letter? If its an RFE, it will have instructions to send the medical in.

If its a deficiency letter, i.e. courtesy letter, then you need to take the medical to the interview and NOT send it in (as that can delay the case, which is stated in a courtesy letter), unless they send you another letter asking for the medical in am actual RFE.

Either way, it sounds like USCIS either does not currently have your medical OR the medical was not fully filled out right or expired or lost and at this juncture its best to prepare and have a medical ready to bring to your interview.

@LPR82020... oh actually a PINK deficiency letter. you are right, NOT a RFE. But the thing is we (my lawyer) had included it in my initial filing. And I have checked my copy which the doctor gave me and it looks complete to me and signed by doctor. My lawyer wants me to get another 'same' medical forms from my doctor, sealed of course and he will submit to USCIS again and will inform them of their oversight and that it was actually submitted before hand together with the rest of filing concurrently. But I am concerned that if he does do it his way... my case will be delayed as stated on the pink deficiency letter.
I really dont know what to do...

[RMA67]

No, I did not...so the courtesy letter (from NBC) I first received was informing me it was missing from my file...then I got an RFE (from local uscis office in Boston) asking me to mail it to them.

How long from the PINK courtesy letter to RFE did it take for your case? I am just calculating the timeline. Also, is the sequence correct... Medical notice first then Biometrics or the other way other? Coz I have not done any Biometrics? TIA

[LPR82020]

How long from the PINK courtesy letter to RFE did it take for your case? I am just calculating the timeline. Also, is the sequence correct... Medical notice first then Biometrics or the other way other? Coz I have not done any Biometrics? TIA

Timeline is a bit different...I got biometrics and it applied to my forms before I got the courtesy letter

submitted paperwork early Dec 2019
Biometrics early Jan 2020
Courtesy letter medical form missing came mid March 2020
***COVID DELAY***
EAD card May 2020
I30 approved mid July 2020
RFE for medical to mail it came late July 2020
I485 Approved August 2020

have you ever had biometrics with uscis before? Maybe they will use your old one possibly. I didn’t had any on file so that was a must...When I first arrived in ‘97 they weren’t doing biometrics then..
if the medical hasn’t expired and lawyer is 100% positive they mailed it, that’s weird. But it could also be lost. Without the Covid delay, you might get the RFE to mail it fairly quickly. I’m sure it’s really hard to decide...you’re trusting your lawyer, but at the same time you want to follow the actual guidelines uscis indicated on the letter.

[RMA67]

@LPR82020... Thank you so much for showing me your timeline and your sound advice. Now I have an idea of the process and where mine is at. I had a very good discussion with my lawyer and we have decided it is best to just wait for further instructions from USCIS whether that be an interview scheduled and bring medical or no interview and mail it to them, just so there will be no delay what so ever caused per the courtesy notice.
I have had biometrics taken several times during the past years due to my job and then when entering the US thru major US airports.
Thanks again.

[Canadian77]

do we need lawyer for submiting AOS forms(I-485 nad i-130) or we can directly submit by ourself. thanks

[LPR82020]

@LPR82020... Thank you so much for showing me your timeline and your sound advice. Now I have an idea of the process and where mine is at. I had a very good discussion with my lawyer and we have decided it is best to just wait for further instructions from USCIS whether that be an interview scheduled and bring medical or no interview and mail it to them, just so there will be no delay what so ever caused per the courtesy notice.
I have had biometrics taken several times during the past years due to my job and then when entering the US thru major US airports.
Thanks again.

RMA67 Awesome...so it seems like they may use your biometrics from previous ones. I hope you hear back soon!