AskVisalaw.com

Posted on: December 2nd, 2019
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In our AskVisalaw.com section of the SIB, attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.

If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can’t answer every question, but if you ask a short question that can be answered concisely, we’ll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

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QUESTION: I filed an I-130 petition for my wife, who is in India. When I filed the I-130, I was a permanent resident. Now I am a citizen. What is the process for having USCIS process my I-130 as the wife of a US citizen?

THE IMMIGRATION ANSWER MAN – ARI SAUER: When an I-130 is filed under the F-2A preference category, as the spouse of US permanent resident, and the petitioner later is naturalized and becomes a US citizen, the I-130 petition automatically moves to the Immediate Relative category. However, the USCIS office that approved the application for naturalization will not notify the USCIS office that is processing (or that approved) the I-130 petition, so the petitioner must notify USCIS that they are now a US citizen. You do this by sending a copy of the Naturalization Certificate, along with a copy of the I-130 Receipt Notice (or the I-130 Approval Notice, if it has already been approved) to the USCIS Service Center that is processing the I-130, along with a letter asking them to update the I-130 petition now that the petitioner is a US citizen. The address to use to send the notice is the address listed at the bottom of the I-130 Receipt Notice or the I-130 Approval Notice, although if you have received a Notice of Transfer informing you that the I-130 has been transferred to another USCIS office, then you would use the address listed at the bottom of the Notice of Transfer. However, if you are working with an immigration attorney for the I-130 petition, you should let your attorney know of your new US citizen status and follow their instructions.

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QUESTION: I have just been scheduled for my green card interview. How do I know if my medical examination report has expired and I need to bring a new one to the interview?

THE IMMIGRATION ANSWER MAN – ARI SAUER: Almost all applicants for Adjustment of Status (Form I-485) must submit a Report of Medical Examination (Form I-693) at some point in the process. We are no longer required to submit the I-693 together with the I-485 application, although we still have the option to do so.

On November 1, 2018, USCIS changed the rules regarding how long the I-693 remains valid. The rules are now different depending on whether the I-693 was submitted before or after November 1, 2018.

Where the I-693 is submitted to USCIS after November 1, 2018, if a) the I-693 was signed by the doctor after the I-485 was filed or b) the I-693 was signed by the doctor 60 days or less prior to the I-485 being filed, then the I-693 will remain valid for 2 years from the date that the doctor signed the I-693.

So if the I-485 was filed before the I-693 was signed by the doctor or the I-485 was filed no more than 60 days after the doctor signed the I-693, you will only need to obtain a new I-693 if it has been more than 2 years since the doctor signed the I-693 and USCIS still has not approved your I-485 application.

If the I-485 was filed more than 60 days after the doctor signed the I-693, then the I-693 is no longer valid and you will have to obtain a new one.

Form I-693 was submitted to USCIS on or after November 1, 2018

When did civil surgeon (doctor) sign the I-693? The I-693 is valid for:
I-693 signed by the doctor after the I-485 application was filed with USCIS 2 years from when the doctor signed the I-693
I-693 was signed by the doctor 60 days or less prior to the I-485 application being filed with USCIS 2 years from when the doctor signed the I-693
I-693 was signed by the doctor more than 60 days prior to the I-485 application being filed with USCIS I-693 is not valid.

 

Where the I-693 was submitted to USCIS before November 1, 2018, the same rules above apply where a) the I-693 was signed by the doctor after the I-485 was filed or b) the I-693 was signed by the doctor 60 days or less prior to the I-485 being filed. In those cases, the I-693 will remain valid for 2 years from the date that the doctor signed the I-693.

However, where the I-693 was submitted to USCIS before November 1, 2018, if the I-485 was filed more than 60 days after the I-693 was signed by the doctor, the I-693 will remain valid for up to 1 year from when the I-693 was submitted as long as the I-693 was submitted to USCIS no more than 1 year from when the doctor signed the I-693.

Form I-693 was submitted to USCIS before November 1, 2018

When did civil surgeon (doctor) sign the I-693? When was the I-693 submitted to USCIS? The I-693 is valid for:
I-693 was signed by the doctor after the I-485 application was filed with USCIS Does not matter. 2 years from when the doctor signed the I-693
I-693 was signed by the doctor 60 days or less prior to the I-485 being filed with USCIS Does not matter 2 years from when the doctor signed the I-693
I-693 was signed by the doctor more than 60 days prior to the I-485 application being filed with USCIS I-693 was submitted to USCIS one year or less from when the doctor signed the I-693 1 year from date applicant submitted the I-693 to USCIS
I-693 was signed by the doctor more than 60 days prior to the I-485 application being filed with USCIS I-693 was submitted to USCIS more than one year after the doctor signed the I-693 The I-693 was not valid at the time it was submitted to USCIS.

 

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