USCIS updated the rules in 2018 regarding how long a sealed medical exam report(I-693) stays valid. The rules are quite simple and straightforward:
When did civil surgeon sign? | I-693 retains evidentiary value through |
---|---|
No more than 60 days before applicant filed underlying benefit application with USCIS | 2 years from date civil surgeon signed I-693 |
After applicant filed benefit application with USCIS | 2 years from date civil surgeon signed I-693 |
More than 60 days before applicant filed benefit application with USCIS | N/A – I-693 not valid at time applicant submits I-693 to USCIS |
Yet, USCIS continues to deny the validity of some I-693s even though the facts clearly show they are valid. Below is a recent RFE requesting a new I-693 after a valid I-693 was submitted during the interview. The highlighted portion in the RFE clearly shows that the I-485 application was filed on July 22, 2019. The I-693 was signed on March 11, 2020. It was then submitted to the officer during interview on September 28, 2020. Because the I-693 was signed (March 11, 2020) after the applicant filed the benefit application (July 22, 2019), the submitted I-693 at time of the interview on September 28, 2020 should have been valid for 2 years.
But amazingly, the officer misinterprets the rule and instead argues that the Form I-693 “is no longer valid because the civil surgeon signed Form I-693 more than 60 days before you submitted the underlying immigration benefit application”. This completely contradicts the basic facts he/she just laid out 2 sentences earlier.
Errors such as this are rare but they do happen from time to time. So it’s always a good idea to check with the officer at time of your interview and make sure that the medial exam is valid.