Extension of Validity of Medical Certifications on Form I-693
12-30-09
Memorandum
TO: Field Leadership
FROM: Donald Neufeld/s/
Acting Associate Director
SUBJECT: 1. Purpose
This memorandum temporarily extends the validity of civil surgeon endorsements on Form I-693 for adjustment of status applicants.
2. Background
The endorsement of a civil surgeon on Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, is generally valid for one year. Form I-693 is filed in support of adjustment of status applications. Some of these applications remain pending for more than the one-year validity period.
In a policy memorandum dated December 10, 2008, U.S. Citizenship and Immigration Services (USCIS) extended the validity of the civil surgeon endorsement on Form I-693 until the adjustment of status application could be adjudicated. This policy was issued in consultation with the Centers for Disease Control and Prevention (CDC) and was limited to those applications where no Class A or Class B medical condition, other than a Class B condition annotated in section 6, Part 2, was certified. The policy is in effect until January 1, 2010.
3. Guidance
Due to the continuing backlog of some adjustment of status applications, the validity of the civil surgeon’s endorsement on Form I-693, when submitted in support of an adjustment of status application, is extended until the time of adjustment if no Class A or Class B medical condition is certified by the civil surgeon in section 2, 3 or 4 of Part 2 of the Form I-693. A Form I-693 remains valid until the time of adjustment even if section 6 of Part 2 shows a Class B medical condition other than those addressed in section 2, 3 or 4. This policy will be in effect until January 1, 2011.
AILA InfoNet Doc. No. 10010460. (Posted 01/04/10)
Revision to Adjudicator’s Field Manual (AFM) Chapter 40.1(c)
(AFM Update AD10-6)
Page 2
4. Field Guidance and Adjudicator’s Field Manual Update
All USCIS officers are directed to comply with the following guidelines. The AFM Chapter 40.1 entitled “Health Related Grounds and Inadmissibility and Medical Examination” is amended by revising paragraph (c) of this chapter. The revision reads as follows:
40.1 Health Related Grounds of Inadmissibility and Medical Examination
(a) General
* * *
(b) Medical Grounds of Inadmissibility Defined
* * *
(c) Validity of Form I-693
Form I-693 is normally valid for a period of one year from the date it was signed by the civil surgeon. In accordance with an agreement between USCIS and CDC, in any case that is adjudicated on or before January 1, 2011, the adjudicator will accept as valid a Form I-693 that was signed more than one year before the date of the adjudication of a pending adjustment of status application if the following conditions are met:
• Form I-693 was included with the initial filing of the adjustment of status application; and
• There is no Class A or B medical condition noted in section 2, 3 or 4 of Part 2 of Form I-693. A Form I-693 remains valid until the date of adjudication even if section 6 of Part 2 of the Form I-693 shows a Class B medical condition.
As mentioned above, this agreement with CDC is in effect until January 1, 2011 and valid for any case that is adjudicated on or before January 1, 2011.
5. Use
This memorandum is intended solely for the training and guidance of USCIS personnel in performing their duties relative to the adjudication of applications for adjustment of status. It is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any individual or other party in removal proceedings, in litigation with the United States, or in any other form or manner.
AILA InfoNet Doc. No. 10010460. (Posted 01/04/10)
Extension of Validity of Medical Certifications on Form I-693
Revision to Adjudicator’s Field Manual (AFM) Chapter 40.1(c)
(AFM Update AD10-6)
Page 3
6. Contact Information
Questions regarding this memorandum and USCIS policy regarding the medical examination of aliens may be directed through supervisory channels to Pamela G. Williams, Policy and Regulation Management, or Roselyn Brown-Frei, Office of Policy & Strategy.
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