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Updates

Immigrant Visa Interview: Sputum Exam means delay in Visa Application

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Dear Atty. Lou,

My mom is 78 years old and was scheduled for her immigrant visa interview at the U.S. Embassy in Manila. We received a response on her medical examination at St. Luke’s that she will need a sputum test. It will take a few more weeks of additional screening before results are given on the sputum test. Her interview is in 10 days. The screening  and results will not be completed by date of her interview.

Should my Mom appear at her scheduled  interview or will the immigrant visa interview be canceled? We live in the province and we are wondering if my Mom has to travel to Manila for her interview. We have not received any letter or email canceling her interview. What should we do? What will happen to her visa application if my Mom is tested positive for tuberculosis?

Agnes

~

Dear Agnes,

The U.S. Embassy in Manila generally requires all immigrant visa applicants to complete their medical examination, including any additional testing, before attending their visa interview. Since the results of your mom’s sputum test will not be available by the date of her scheduled interview, it is likely that her interview will be postponed until the medical examination is fully completed. This includes receiving a clearance from St. Luke’s Medical Center, the authorized medical provider for U.S. visa applicants in the Philippines.

When visa applicants have irregular chest x-ray or signs of tuberculosis, the doctor at St. Luke’s Medical Center Extension Clinic (SLEC) will send applicants for sputum testing to confirm. Sputum test is to rule out TB or start treatment. The chest x-rays and subsequent request for sputum test is to protect the health of the applicants, the U.S. citizens.

There may be additional fees for sputum smears and other tests. The sputum culture reports can take 8 to 9 weeks to be available. If the result is negative and the SLEC issues a medical clearance, the visa interview will be scheduled and a visa will eventually be issued. If the sputum test is positive for TB, the visa applicant may need treatment under the DOT (directly observed therapy) program. Of those sent for sputum testing, about 93% of them are false alarms.

If visa applicants have to do 6 months treatment, commonly referred to as DOT (directly observed therapy) they will have to pay for a second medical at completion.  

Medical examination at the St. Luke’s Medical Center Extension Clinic (SLEC) increased this month to P28,650 for adults (15 years old and older) and P13,910 for children (14 years old and below). If a sputum culture and screening is to be taken, that will be an additional cost to the visa applicant.

The U.S. Embassy will move your mom’s appointment date upon notification from SLEC that additional tests/screening are required. 

Be aware of the expiration date of the medical exam which is valid only for 1 year.  Considering delays caused by the additional sputum tests (and treatment) your Mom will have to repeat the whole process if the medical exam expires.

Thank you for your question.

Atty. Lou

(Atty. Lourdes S. Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C. for 32 years. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)

Categories
Updates

USCIS removes 60-day rule for the green card medical exam form

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For everyone filling up their green card medical application form, the US Citizenship and Immigration Services (USCIS) has made your lives easier.

The USCIS has removed the 60-day rule for civil surgeon signatures on the immigration medical exam. Now, you can file a signed form up to 2 years from when the civil surgeon signed it.

Why does this matter?

Before, the USCIS strictly demanded that civil surgeons sign at at most 60 days before the form’s submission.

For many busy immigrants, this was a steep ask, even a costly one since getting that signature then submitting the form has meant days taken off from their routine.

What should you do with the extra time?

With more time, green card applicants can spend more time making sure that their application is complete.

For those having trouble with their medical exam, this could mean more time to look for a doctor they can trust and then meeting them at their most convenient time.

How do I find a civil surgeon?

The USCIS has a list of approved practitioners on their website. The medical examination involves physical examination and blood and urine tests. It also includes a check on your immunization against diseases.

Bring your passport and your immunization records so that the civil surgeon can easily check your immunization history.

Medical examination on Form I-693 are part of an Application for Adjustment of Status to resident status.  They are usually filed simultaneously with I-485s and I-130s forms.

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Updates

Advisory: Guidelines on Medical exams and COVID-19 vaccine

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As per US CDC and Department of State, COVID 19 is classified as Class A, Inadmissible Medical Condition beginning October 1, 2021:

  • For the safety of all staff and US visa applicants, a negative RT PCR test will be required to be presented prior to their medical examination. Tests should be done within 3 days of the medical appointment and at an accredited reputable laboratory.

RT PCR testing will be available onsite at SLEC-Ermita with results available within 24 hours and applicants are encourage to schedule their tests one day before their medical appointment date.

  • Applicants with signs and symptoms of COVID-19 or recent exposure to a possible COVID 19 case will not be allowed to proceed with their medical appointment and will be required to undergo a repeat RT-PCR test.

If positive, applicants are required to complete the mandatory isolation and quarantine periods:

  • 10 days from the time of a (+) RT PCR test for mild-moderate cases or 21 days for severe cases
  • 14 days for close contacts of active cases

COVID-19 vaccination is also now included in the required immunization for US visa applicants and must be completed before their medical reports can be completed.

Applicants who received COVID-19 vaccines requiring 2 doses (e.g. Pfizer, AstraZeneca, Moderna, Sinovac, Sinopharm) will receive other required vaccines on or after their 2nd COVID -19 vaccine dose. Proof of vaccination (e.g. vaccine record of certificate) should be presented.

Applicants are advised to schedule their medical examination with this in mind – either schedule the medical exam after their 2nd COVID-19 vaccine dose or have their medical exam in between the COVID-19 vaccination and wait for the 2nd dose to complete other required U.S. age-appropriate immunization.

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Featured

New CDC Policy: Covid-19 Vaccine Required for Green Card Applicants

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Starting October 1, 2021, applicants for immigrant visas or green cards whose applications are pending before the U.S. Citizenship and Immigration Services and or the U.S. Embassies are required to show proof that they are fully vaccinated against COVID-19.

This new policy was released by the U.S. Centers for Disease Control and Prevention. It will be applicable to applicants who complete their Medical Examination or their Form I-693, Report of Medical Examination and Vaccination Record on or after October 1, 2021.  If the medical examination or I-693 was completed before October 1, 2021, and remains valid, proof of COVID-19 vaccination will not be required.

Applicants for green cards who refuse the vaccine and do not qualify for any of the CDCs limited exemptions will be deemed inadmissible and be denied their visas.

Vaccinations that are recognized as valid are the Pfizer-BioNTech, Moderna or Johnson & Johnson vaccine.  If none of these vaccinations are available in the country of origin of the applicant, CDC will accept different-COVID-19 vaccines as recommended by its Advisory Committee on Immunization Practices.

There are waivers and exemptions from the vaccine requirement that may be applied.  CDC will waive COVID-19 vaccine requirement for individuals who are too young to safely receive vaccines and for people with contraindications, i.e., health conditions that indicate that s/he is likely to have a severe adverse reaction to the vaccine. It can also be waived for individuals from countries with no or limited COVID-19 vaccine supplies.

Exemptions of this requirement may be applied for visa applicants who refuse the vaccine based on religious or moral grounds. However, no exemption will be provided to those who claim that they contracted COVID-19 and are still immune to the virus.