Atlanta, GA immigration and deportation attorneys

Application for residency to the United States is complex, and all paperwork must be completed properly for your immigration process to go smoothly.  You should know the importance of the Form I-693 regarding your medical examination and vaccine record.  There has been a change whereby the document needs to be completed within 60 days of immigration benefits application.  A delay in Form I-693 could cause problems with your application and endanger your immigration status.

Form I-693. The Form I-693 is the official report of medical examinations to the United States Citizen and Immigration Services (USCIS) and is required to establish that the applicants who are seeking immigration benefits are not inadmissible to the United States on public health grounds.  The related grounds applicants can be found inadmissible are listed in section 212(a)(1) of the Immigration and Nationality Act (INA).  Although examination results are confidential, they can be shared with public health authorities when required by law.  USCIS is not allowed to discuss medical issues with other individuals such as your attorney or BIA-accredited representative, immigration officers or other government personnel unless they are on a “need to know” basis.

Examination. After your examination the doctor is required to give you the completed Form I-693 n a sealed envelope for submission with your  application.  It MUST be sealed or the USCIS representatives will return it to you.  It is the APPLICANT RESPONSIBILITY to submit this form.  It should be mailed together with your 1) Application to Register for Permanent Residence or Adjust Status to the location provided on the form application; 2) Request for Evidence Letter (RFE); or 3) delivered in person at the USCIS field office for your interview.

New law.  Since the new law requires the medical examination to be within 60 days of submission of your completed benefit application, you should schedule the medical examination as close as possible to the time you file for adjustment of status or response to the RFE, or upcoming interview.  Keep in mind that laboratory and other medical screening results will need to be completed so you will have to allow for that within the 60-day range.

Grounds to deny.  A list of those health grounds can be found in section 212(a)(1) of the Immigration and Nationality Act.  In general, those grounds state that anyone: 1) who is determined by the Secretary of Health and Human Services to have a communicable disease of public health significance; 2) who seeks admission to the United States but does not have documentation of vaccination against vaccine-preventable diseases including mumps, rubella, tetanus and diphtheria toxoids, pertussis, influenza type B and any other vaccinations against vaccine-preventable diseases prescribed by the Secretary of Health and Human Services; 3) who poses or has posed a threat to property, safety and welfare of others or themselves through a physical, mental or behavioral disorder; and 4) who is determined to be a drug abuser or addict, will be considered inadmissible.

In accordance with 8 USCS §1572, an immigration benefit package is “any application or petition to confer, certify, change, adjust, or extend any status granted under the Immigration and Nationality Act.”

These benefits include: granting of U.S. citizenship to those who are eligible to naturalize, authorizing individuals to reside in the U.S. on a permanent basis, and providing aliens with the eligibility to work in the United States.

There have been many changes to the United States Immigration Policy in recent months.  Hiring legal counsel to navigate through the changes would be worth your time as any error could keep your status from being approved.

Filing applications with the USCIS to receive your immigration benefits must be done with a complete package and all supporting documents so that you will not be denied.  The list of supporting documents for your application, including the Form I-693 can be found with the filing instructions.  If the USCIS offices need additional information to process a case, they will issue a Request for Evidence (RFE) giving the applicant time to clear up the missing information and wait for application status updates.  If the information is not received by the agent, a Notice of Intent to Deny (NOID) may be completed.  A NOID is sent after the adjudicator has reviewed the entire  file and has determined that there is not enough evidence to approve the petition.  Sometimes the petitioner is not aware of this danger to their status, making the value of legal counsel even more important.  An immigration can contact the USCIS and make sure you know what you need, how to get it, and have everything filled out correctly before submitting so that you will have less of a chance at being denied.

 Your lawyer or you should know that the USCIS regulations require that the petitioner must be given the opportunity to know and respond to any derogatory evidence or missing information. before the petition is denied. The NOID should clearly state the reason(s) for the proposed denial and give the petitioner the opportunity to respond. In most cases where a NOID is issued, it follows the RFE and the response from the petitioner, but not always. The response to the NOID should provide evidence to rebut or address the information in the NOID, like an RFE response. The NOID response usually is due in 30 days, so the time given is shorter than most RFEs. If the response to the NOID is enough, the petition will be approved. If not, the petition will be denied, and the petitioner will have to decide whether to appeal or file a motion to reopen/reconsider.

Staggering arrest and removal statistics. The 2017 removal statistics reflect ICE’s commitment to identifying, arresting and removing aliens who are violating U.S. Law, specifically those who pose a public safety or national security threat. As the numbers of deported individuals being sent back to their home countries increases, marking thousands of arrests and removals in Texas for the 2017 year, and 2018 year, legal immigrants need to be aware of their rights and the proper supporting documentation and filing times that are set up by the USCIS so that all paperwork is completed in accordance with the current laws allowing them to stay in the United States.

Legal counsel is very important. Unfortunately, immigrants in Texas are less likely to use attorneys, perhaps based on costs they cannot afford, and find themselves being deported, in comparison to New York immigrants, for example, where successful results for immigrants are occurring because of professional legal assistance.  Please call the Law Office of J. Joseph Cohen for assistance with USCIS filing and other questions or concerns regarding U.S. Citizenship.

Law Office of J. Joseph Cohen

 110 E. Houston Street
7th Floor Box 186
San Antonio, TX 78205

Call Today:(210) 580-4902

Sources:

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182&num=0&edition=prelim

https://www.ice.gov/removal-statistics/2017

https://www.ice.gov/sites/default/files/documents/Report/2018/ero-fy18-localstatistics.pdf

https://www.ice.gov/news/releases/ice-worksite-enforcement-investigations-fy18-surge

https://www.miamiherald.com/news/local/immigration/article224085960.html