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]

Originally Posted by neelu

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!

Originally Posted by 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..!!!

[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.

Originally Posted by 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.

[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.