Visa Interview Schedule Issue

[dilchahtahai]

Hello,

I have filled the form 130 for my father. 130 has been approved in July 2019. Medical report issue date has listed that medical report is only valid till Jan 30 2020. Visa interview scheduled is for 3rd dec 2019, but unfortunately he had to be admitted in hospital today for kidney issues. He won’t be able to make it for an interview. While rescheduling the interview, we are not getting any date before 6th Jan 2020. I have been told that if medical report is valid only till 30 Jan 2020, then consulate will not grant the immigrant visa, as there has to be 30 days of difference between visa interview date and medical report expiration date. Is that true?

secondly, he already has visitor visa. Can he not come to USA on visitor visa and later we file for 485 as adjustment of status? Why does he need immigrant visa when he already has visitor visa?

Thanks.

[PKumar01]

Technically, a visa is only valid as long as the medical report is valid. Therefore, if your father gets approved on the 6th of January and his medical expires on 30th of Jan, then his approved visa will expire by Jan 30th. It's wise to get a fresh medical exam. It will cost money, yes, but it'll be much better than trying to convince the consulate to give the visa despite 30 days of validity period. With something like that, I think they may even ask you to get another medical because it'll expire so soon.
Regarding the visitor visa and immigrant visa: because he cannot adjust status being a visitor. Only those who marry in the US can adjust status. Your father (I'm presuming) will not marry and therefore cannot adjust status here. The proper and legal route is the immigrant visa.

[dilchahtahai]

Thanks for the prompt and detailed explanation. If my father can not appear in front of the consulate till 30th Jan for some reason, can he get the medical done again and get a fresh new 6 month period? I hope, we don’t have to go through the entire I 130 approval process again? Does I 130 approval has any expiration date? Thanks.

[PKumar01]

You can repeat the medical exam closer to the interview so you have a longer validity period. Please call up the approved physician and ask first. If you get one closer to the interview, then the results are valid for longer and the visa is valid for longer. You don't have to repeat the entire I-130 just for the medical, that's not necessary. Technically the approved I-130 does have an expiration date, but it's generally revalidated without you knowing, so don't worry about that.

[dilchahtahai]

Thanks.