RFE - X-ray Report Requested

[neelu]

Hi,

I am sorry to repeat the below post in a new thread. I feel it is a different issue and warrants its own thread. However, please close the thread if you feel this is not appropriate.

Issue:

We received RFEs last week. This is the text of my wife's RFE:
" The medical examination report, Form I-693, submitted with your application to adjust status, did not include an x-ray report......The civil surgeon must attach an x-ray report to the Form I-693 and return both to you in an envelope sealed by the civil surgeon.

X-ray report requirement: USCIS will only accept a full and formal radiologist's chest x-ray report, whether a copy or an original, signed by the radiologist and on official or medical office letterhead. USCIS cannot accept any preliminary or incomplete evaluation, whether handwritten or not, that does not describe the full evaluation or findings. In most cases, the civil surgeon will have to wait a day or two before this report has been sent by the reviewing medical office and can therefore not sign off on the Form I-693 until this report has been received."

My wife was tested +ve in the skin test and was taking INH even before we went for our I-693 medical tests in 2007. So we had shown the x-rays to the civil surgeon and he it seems placed the appropriate comments in the form.

I am wondering if you can help me out with the following questions:

1) The X-ray report that we have for my wife is from before we went to the civil surgeon for the purpose of I-485 filing. The X-ray report is a faxed version of an electronic medical record and electronically signed by the radiologist (no actual signature). It has the Radiologist/Hospital information at the top but it does not look like a formal letter head.

Is it okay to send this X-ray report to USCIS in reponse to their request? Basically, does it meet the requirements that they laid out in the RFE? Can anyone who sent X-ray reports comment on this please?

2) Or is it better to get another x-ray test done and a obtain a new x-ray report? The problem is now a days, everyone is giving out only electronic reports. So we may end up in the same place.

3) If we have to get a new x-ray done for my wife, there is a problem with timing. She is currently in India and will be returning only 4 days before the RFE response due date from USCIS. Are there any USCIS civil surgeons in India where she can take care of this RFE? Or do we have to go to the same civil surgeon that we went to last time? Will a radiologist report from India work?

4) Can we get an extension on this RFE?

Has any of you faced a similar situation?

Thank you in advance for your comments/suggestions.

[neelu]

^^^^ bump

[GCneeded]

Hi Neelu,

I had a similar experience.But unlike the X-ray I got a RFE because my medical was incomplete. I was pregnant while I was giving my medicals and hence I had submitted a partial medical report when I was applying for my 485.

I got a RFE for complete medicals when I went for vacation to India. When I spoke to USCIS customer representative I got different answers. Some said they might accept if I get medical report from US consulate approved doctors. Others suggested that the doctor had to be in US.

Also my lawyer suggested that it is better to get medicals done here. Just in case the USCIS does not approve the certificate from Indian doctor then they would abandon my 485 application.

So I decided to cut my trip short .Came back to US and did the medicals again and sent the report.

Hope this helps.

[neelu]

Thank you, GCNeeded. Your response is very helpful.
As of now we too are weighing the option of cutting short my wife's vacation.

[neelu]

Hi,

Can anyone else please provide input on the other questions I posed?

Thank you.
Ravi

[punjabi]

Hi Ravi,

I received the similar RFE last month and I yet have to respond. The X-Ray report given to my physician was a printed letter without any letterhead and radiologist's signature. I am now going to a different X-Ray clinic to get the X-ray done.

In my viewpoint, I don't think requesting for extension will be helpful. Firstly, because USCIS might not act quickly. Secondly, your case might get denied due to lack of evidence.

X-Ray reports can be handed over to the physician on the same day after 2-3 hours. And your physician can send you the sealed envelope on the same day. Do it Overnight mail. You should be fine.

I won't risk an Indian Radiologist report.

Hope it helps.

[neelu]

Thank you, Punjabi. I appreciate your responding. So the first time you sent it, it was not on letterhead & without signature and that's why you are having to redo?

According to my civil surgeon, a stat report (which is what we get in 2-3 hours) is not "full and formal" xray report. So he asked that we wait for the 2-3 days and get the real deal. I dont know what to believe.

[unknown123]

I also got similar RFE and I know two others who got RFE for medical examination as well...

I'm just wondering why USCIS is working on our I-485s when our PD is far from current..!!!

[neelu]

Hi Unknown123:
What was your RFE about? And how did you resolve it?

[unknown123]

Hi Unknown123:
What was your RFE about? And how did you resolve it?
Medical: They are asking me to submit form I-693

I've not yet responded to the RFE

[InTheMoment]

Umm...ever heard of pre-adjudication ? it's prevalent since several years now!

I also got similar RFE and I know two others who got RFE for medical examination as well...

I'm just wondering why USCIS is working on our I-485s when our PD is far from current..!!!

[punjabi]

Updates from my side:

First time, the doctor who did my medical - he did not even attach the x-ray report in the sealed envelope. He just sent the 693 along with some details.

I went to him last week and he showed me the X-ray report he got when I went to him first time. It was just a printed 2 line analysis with radiologist's name but without any signature.

When I showed him the RFE, he finally agreed to talk to the X-ray clinic to give him the full report on letterhead and with signatures (trust me, I had to really convince him to do that). I have also requested the same thing to the technician who took my X-ray this time and also forwarded the written request to the radiologist who will review my report.

My doctor also asked me to wait for 2-3 days now since the letterhead report will have to come through the trancsript. He said it takes 2-3 more days to go through this process.

I am okay with this as I still have 10 days left to respond to RFE. But in your case, I suggest you to show the RFE to the X-ray radiologist and doctor you will take your wife to. It might help.

Good luck.


Thank you, Punjabi. I appreciate your responding. So the first time you sent it, it was not on letterhead & without signature and that's why you are having to redo?

According to my civil surgeon, a stat report (which is what we get in 2-3 hours) is not "full and formal" xray report. So he asked that we wait for the 2-3 days and get the real deal. I dont know what to believe.

[neelu]

Thank you, Punjabi, for the info.

I have some updates as well - I obtained a letter from the doctor who treated my wife, stating that my wife completed the INH course. I also obtained a cleaner copy of the xray from the radiologist's office (full and formal). But the civil surgeon is not satisfied with these and thinks that my wife should get an x-ray done and that the report should be signed (not just electronically).

I myself have gotten an x-ray taken, and requested that they sign the report. In spite of showing the RFE and explaining why I need them to sign it, I dont think they understand the situation.

Why does USCIS have to make our lives so hard? Why cant they accept electronically signed reports - seems retro! Has anyone responded to the x-ray RFE with an electronically signed report?

Meanwhile I am working with the travel agent to move my wife's return travel date. Will provide updates as we taken care of this RFE.

[cthd]

I got RFE for missing X-Ray. My doctor responded back saying there is no need for X-Ray. Send response to USCIS and case resumed processing.

[neelu]

Thank you. How long has it been since you sent it?

I think in my case, even though my PPD reaction was 6mm well in the acceptable range as per 2007 (which is when we filed for 485) guidelines, they sent me an RFE, I think based on changed 2008 guidelines stating that anything above 5mm needs an x-ray. So our surgeon thinks I should get an x-ray done to satisfy the 2008 guidelines.

In my wife's case, it was a mistake on the part of the surgeon to not include her x-ray report even though we gave him one. Now he says that we cant use the old one (even though my attorney says we can use the old one). Not wanting to take a chance we arranged for my wife to come back from vacation earlier than planned to get a new x-ray taken.

And it has become a big headache to get the x-ray report "signed". I just hope we will have enough time to take care of all this.

[fall2004us]

Just got an email about RFE, I wonder why they are working on our cases, our PD is no where closer. I have some questions:
1. How long does it take to get the RFE in mail ?
2. I remember signing a G28 when we filed the 485, so does my lawyer gets the RFE ? Do I get a copy too ?
3. How many days do they give to respond to RFE ?

Once I get the RFE, I shall post the details.

thanks.

[neelu]

I got the hard LUD on 03/05/2009. My attornye it seems got the RFEs - she emailed (scanned) them to me on 03/09/2009.

I did not get a separate copy in the mail from USCIS.

They gave me exactly 1 month from the hard LUD - need to respond by 4/4/2009.

Hope this helps.


Just got an email about RFE, I wonder why they are working on our cases, our PD is no where closer. I have some questions:
1. How long does it take to get the RFE in mail ?
2. I remember signing a G28 when we filed the 485, so does my lawyer gets the RFE ? Do I get a copy too ?
3. How many days do they give to respond to RFE ?

Once I get the RFE, I shall post the details.

thanks.

[breddy2000]

I got the hard LUD on 03/05/2009. My attornye it seems got the RFEs - she emailed (scanned) them to me on 03/09/2009.

I did not get a separate copy in the mail from USCIS.

They gave me exactly 1 month from the hard LUD - need to respond by 4/4/2009.

Hope this helps.

Not sure what that would be. It's for primary applicant.
Hopefully its a simple RFE and can be responded with no hassels. Maybe based on some of the REFs above, could be a doctor evaluation. Will update once I receive the copy of it.

[punjabi]

Hi Neelu,

You took a better decision to bring your wife sooner to U.S. It should resolve the issues related to X-Ray.

There is too much stuff in USCIS that asks for improvement. It should be easier to extend the timeline for RFE. City Courts work better in that sense.

I got a cititation for an illegal U-turn and I called the City Hall to extend my due date for paying ticket. They did it instantly and moved date to 60 days ahead over the phone. Simple. (I am contesting that ticket by the way.)

USCIS should also work like this (of course, unless the legal status is expiring, etc.).

[neelu]

Thank you. I completely agree.

Update: I sent my RFE response to USCIS today. I did not get the X-ray report "signed". It is only electronically signed.



Hi Neelu,

You took a better decision to bring your wife sooner to U.S. It should resolve the issues related to X-Ray.

There is too much stuff in USCIS that asks for improvement. It should be easier to extend the timeline for RFE. City Courts work better in that sense.

I got a cititation for an illegal U-turn and I called the City Hall to extend my due date for paying ticket. They did it instantly and moved date to 60 days ahead over the phone. Simple. (I am contesting that ticket by the way.)

USCIS should also work like this (of course, unless the legal status is expiring, etc.).

[punjabi]

Updates from my side:

I went to my doctor after a week and he showed me the X-ray report. It was without any letterhead and signatures. Again! I didn't believe it. I requested and left a note to the radiologist and technician before getting the X-ray done.

Anyway, I went to the X-ray clinic and asked them to fix it on immediate basis. They said "No. Sorry, thats our standard report." I then asked them to call INS right away to confirm that they expect a little higher standards than an ordinary looking report. On this, the lady asked me to wait for 10 minutes in the reception area and later told me that new report has been sent to my doctor. My doctor confirmed that finally, it was written as needed by USCIS. What an unnecessary pain!

The doctor also said he will write a letter to INS Director for the requests for standards of X-Ray report.

He also said reports with electronic signatures should also be fine (as seems to be your case) as long as the report is enclosed with the response.

Good luck.


Thank you. I completely agree.

Update: I sent my RFE response to USCIS today. I did not get the X-ray report "signed". It is only electronically signed.

[fall2004us]

Update on our RFE:
For me they have asked G-325A and birth certificate, I had sent these documents when I first filed it.
For my wife its just G-325A.
We are given 30 days to reply.

Just wondering, if we send the G-325A are we going to get another finger print notice. Is that the way it works?

[hope_4_best]

While filing I-485 my wife didn't get vaccinations due to pregnancy. This 2009 summer she is planning to stay out of U.S for 3 months. Her application will be in trouble if RFE comes while out of the country.

To aviod that situation,
1. Can she go to the doctor and get the vaccinations done and keep the certificate ready. ?
2. Is it OK to have medical report dated prior to the RFE date?.

Please let me know your views.

[gcisadawg]

Folks,

My wife got a RFE for missing TB test. She is currently away in India. We've preponed the trip. She would be coming here on May 2nd.

The date on her RFE letter is April 6th..In the mail, it says..

"You must submit the requested information within thirty (30) days from the date of this letter (33 days if this notice was received by mail). Failure to do may result in the denial of your application"

They have provided a golden form on which there is a CUD. I dont know what a CUD is.
CUD date shown on form is 05/11/2009.


Based on the info below, what is the last date that is acceptable for USCIS to receive my mail at their end?

RFE letter date: April 6th
30 days: May 6th
33 days if received by mail: May 9th (Saturday)
CUD: May 11th ( Monday first working day after 33 days timeframe)

We plan to do the test on May 4th and would get the result on May 6th.
My hope is to mail it on 6th so that they can receive it on May 7th.

If there is a need for X-ray, how to handle that? How long would it take to get X-ray done? I plan to call civil surgeon's on Monday. Trying to get feedback from people who have been there. Thanks much!

GCisaDawg.

[gcisadawg]

While filing I-485 my wife didn't get vaccinations due to pregnancy. This 2009 summer she is planning to stay out of U.S for 3 months. Her application will be in trouble if RFE comes while out of the country.

To aviod that situation,
1. Can she go to the doctor and get the vaccinations done and keep the certificate ready. ?
2. Is it OK to have medical report dated prior to the RFE date?.

Please let me know your views.

That is a very good idea. We went thru the same thing.We didnt explore this option.
Instead, we got an RFE while my wife was in India. We had to prepone her trip to comply with the RFE. Check with your civil surgeon. If he is OK, then I would suggest you to go ahead and do it. Also check with your lawyer.

It is better to show the tests already done by civil surgeon than asking your wife to return abruptly.
Thanks,
GCisaDawg

[jay75]

Hi Neelu,

You took a better decision to bring your wife sooner to U.S. It should resolve the issues related to X-Ray.

There is too much stuff in USCIS that asks for improvement. It should be easier to extend the timeline for RFE. City Courts work better in that sense.

I got a cititation for an illegal U-turn and I called the City Hall to extend my due date for paying ticket. They did it instantly and moved date to 60 days ahead over the phone. Simple. (I am contesting that ticket by the way.)

USCIS should also work like this (of course, unless the legal status is expiring, etc.).

Neelu & Punjabi,

I'm wondering what was asked by USCIS in your case.

But, my wife's case is similar. The civil surgeon (back in 2007) updated the comments section mentioning about abnormal Xray and under complaint care, etc. So, USCIS sent RFE asking about details..if class A or B, any treatment being administered, or any follow-up visits recommended or received, etc. Basically they asked for clearance from civil surgeon and local health department indicating that my wife received treatment if required (for class A TB) and indicating that she no longer has class A TB.

I'm working with civil surgeon tomorrow to get the clearance.

BTW, my wife complete INH for 9 months, did several tests and all were negative. I got that letter from Kaiser where she got the treatment. And submitted that letter to civil surgeon on Friday. Hope the civil surgeon will clear off and get me the new 693 form in a sealed envelop, and I can mail it to my attorney.

I was never asked about the X-ray report by USCIS neither the civil surgeon. I'm not sure if I would still need to submit one. Any suggestions please? Thanks in advance and appreciate it.

[punjabi]

Hi Jay,

Looks like your doctor did it wrong the first time. Was your wife's PPD test positive? If yes, was the X-ray report negative? If yes, your doctor can file an amendment, write a seperate letter admitting his mistake the first time and send a correct 693 form.

Even if the X-ray is positive, there is no need to worry. I do not have medical details on this situation, but I guess she can get medication and get the RFE approved.

I suggest you speak to your doctor immediately and get it clarified. He may be required to send the old 693 Form along with the new (corrected) one with an explanation.

Good luck.




Neelu & Punjabi,
.....
BTW, my wife complete INH for 9 months, did several tests and all were negative. I got that letter from Kaiser where she got the treatment. And submitted that letter to civil surgeon on Friday. Hope the civil surgeon will clear off and get me the new 693 form in a sealed envelop, and I can mail it to my attorney.

....

[neelu]

Hi Jay,

My wife also went through the 9 month course of INH. But the CS did not attach an x-ray report the first time indicating that all was normal. So she got an RFE asking for the x-ray report.

So this time, we got a new x-ray done for her (she was in India when we got the RFE, so we had the x-ray done after she returned). I sent the sealed I-693 with the new x-ray report, along with a letter from the original doctor who prescribed and treated my wife with the INH course (the letter states the same) to my attorney who mailed it to USCIS on April 3rd (due date was on the 4th). My wife got a LUD on April 3rd(stating that they received the RFE documents) and another soft LUD on 13th.

In your case, it seems they did not ask for x-ray report, so send what they asked. But it does not hurt (IMO) to send additional documentation supporting your case.

Hope this helps.


Neelu & Punjabi,

I'm wondering what was asked by USCIS in your case.

But, my wife's case is similar. The civil surgeon (back in 2007) updated the comments section mentioning about abnormal Xray and under complaint care, etc. So, USCIS sent RFE asking about details..if class A or B, any treatment being administered, or any follow-up visits recommended or received, etc. Basically they asked for clearance from civil surgeon and local health department indicating that my wife received treatment if required (for class A TB) and indicating that she no longer has class A TB.

I'm working with civil surgeon tomorrow to get the clearance.

BTW, my wife complete INH for 9 months, did several tests and all were negative. I got that letter from Kaiser where she got the treatment. And submitted that letter to civil surgeon on Friday. Hope the civil surgeon will clear off and get me the new 693 form in a sealed envelop, and I can mail it to my attorney.

I was never asked about the X-ray report by USCIS neither the civil surgeon. I'm not sure if I would still need to submit one. Any suggestions please? Thanks in advance and appreciate it.

[hopelessGC]

Folks,

My wife got a RFE for missing TB test. She is currently away in India. We've preponed the trip. She would be coming here on May 2nd.

The date on her RFE letter is April 6th..In the mail, it says..

"You must submit the requested information within thirty (30) days from the date of this letter (33 days if this notice was received by mail). Failure to do may result in the denial of your application"

They have provided a golden form on which there is a CUD. I dont know what a CUD is.
CUD date shown on form is 05/11/2009.


Based on the info below, what is the last date that is acceptable for USCIS to receive my mail at their end?

RFE letter date: April 6th
30 days: May 6th
33 days if received by mail: May 9th (Saturday)
CUD: May 11th ( Monday first working day after 33 days timeframe)

We plan to do the test on May 4th and would get the result on May 6th.
My hope is to mail it on 6th so that they can receive it on May 7th.

If there is a need for X-ray, how to handle that? How long would it take to get X-ray done? I plan to call civil surgeon's on Monday. Trying to get feedback from people who have been there. Thanks much!

GCisaDawg.

I had to get an X-ray done during my TB test. It took three days for the complete round trip...i.e. go to the diagnostics lab for the xray and for the doctor to receive the result and giving me the sealed envelope.

Luckily, I was able to go to the diagnostics lab immediately after the doctor asked me get an xray.

Hope this helps :)

[ksvreg]

Your wife got same rfe like me? see the my rfe extract below.

Your application contained Form I-693 in which the required Tuberculin skin test was not conducted. Please note there may be conflicting information on some published Form I-693 instructions regarding when the Chest X-ray report should be performed. It is required only when the Tuberculin skin test indicates a reaction equal to or greater than 5mm, or when the reason for why the Tuberculin skin test is medically inappropriate to perform has
been annotated on the Form I-693. Please submit a newly completed form I-693 indicating the results of the required skin test.

[navdeep.mahajan]

Hi

I too got an RFe for XRay report. I would like to know what is the meaning of full and formal Xray report. what should be the content of it. My physician showed me the report which contained only 2 lines.