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Medical exams and related issues All issues related to medical exams for 485 filing.

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Old 02-14-2017, 06:51 PM
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mmarr is on a distinguished road
Angry Form I-485 Denial - What do I do?!?!

Hey everyone,

I went to a Medical Examination back in August 2016, to have my medical sent off to the USCIS for my Adjustment of Status (0-1 Visa -> EB-1 Greencard). Everything else has been completed, fingerprints, everything.

I got an RFE saying that the medical part of my case had failed because the sealed envelope didn't include evidence, or a lab result of getting tested for Gonorrhea (however the box for Part 5. C Other Class A/Class B Conditions for Communicable Diseases of Public Health Significance was checked as (1) (a) No Class A/B Condition), I went back to the Medical Place and showed them this RFE, they did not see a problem with their test results and what they did, so they gave me another sealed envelope with the same test results to mail over to the USCIS, and yesterday I got a letter from the USCIS which was a Denial on my Adjustment of status to Greencard.

I went back to the Medical place today with the carefully explained Denial Notice, showing that the initial test results didn't show testing for Gonorrhea, and that the evidence submitted to them after the RFE was also insufficient with the same issue, only for them to now all of a sudden realize that they never tested me for Gonorrhea!! So now I have to pay 675$ USCIS fee to reopen my case? Should I be held responsible for those fees when clearly the Medical place that I went to should have been aware of the new Gonorrhea testing law from August 2016, and failed to notice that they hadn't done the Gonorrhea test when they were shown the RFE around Late December, with the only thing missing for my entire case was that Gonorrhea test with the lab results?

Is this not considered some type of negligence on their behalf to not complete the test properly upon paying them to do so and for me to have such a huge financial blow because of their mistake(s)? Only for them to 'suddenly realize' after the fact?

Help me please!

Thank you
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Old 03-29-2017, 11:54 PM
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tsocks is on a distinguished road
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Hello!

The very same happened to me last week. The Dr that signed my medical exam wasn't in the civil surgeons list, so they sent me a notice. I went to the clinic and they apologized, saying me they forgot to renew it (it had to be done every 2 years or so)... so they gave me a new envelope signed by a different doctor. That doctor was in the civil surgeons list, but it wasn't in that clinic address As a result, I received a letter saying my case was denied.

What did you do?

A lawyer told me it is better to re-apply instead of filling a motion to reopen, making sure we're sending everything in order this time.

Thanks in advance
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