Q & A March 20, 2005
Q & A 1.
Q&A 1.
Where U.S. security checks are still pending, there is no person
or department that you can turn to for a rapid resolution
Mr. Zhu asks:
I am granted with Asylum (religion). On 11/5/01, I applied I-730
for my family to joining me and was approved by immigration in 2/02.
My wife and daughter were interviewed and passed in 8/03. My wife
in 4/04 received Beijing Consul’s notice for visa and was
approved. However, my daughter as of now has not received visa notice,
and was told that her U.S. security check was still pending. Questions:
1. My daughter will be 21 on 8/28/05. Once she reaches 21, will
she be able to allow coming into U.S.? Is she protected under Child
Status Protection Act?
2. My daughter had her physical examination done in 8/03. Will the
exam expire after one year and will she have to take it again?
3. Which department should we inquire her security check status?
Please provide us with the address and phone number if any.
Mr. Lee answers:
1 In your daughter's situation, she will be able to come to the
U.S.. According to current U.S.C.I.S. interpretations, she is protected
under the Child Status Protection Act.
2 Currently, the U.S.C.I.S. is allowing most medicals which were
valid at time of submission to continue to be valid throughout the
entire process of immigration provided no Class A or B medical condition
was certified. A Class A medical condition includes a communicable
disease of public health significance to such as infectious tuberculosis,
gonorrhea, HIV/AIDS, infectious leprosy, and infectious syphilis;
a physical and mental disorder, and behavior associated with the
disorder that may pose, or has posed, a threat to the property,
safety, or welfare of the alien or others; or a history of physical
or mental disorder and behavior associated with the disorder which
has posed a threat to the property, safety, or welfare of the alien
or others and is likely to recur or lead to other harmful behavior;
or drug abuse or addiction. A Class B medical condition is a physical
or mental abnormality, disease, or disability serious in degree
or permanent in nature amounting to a substantial departure from
normal well-being except that it does not include mental shortcomings
due to ignorance, or suffering only from a condition attributable
to remediable physical causes or of a temporary nature caused by
a toxin, medically prescribed drug, or disease. However, this is
not uniform, and we have heard of instances in which officers have
insisted that medicals be retaken.
3 Where U.S. security checks are still pending, there is no person
or department that you can turn to for a rapid resolution. I suggest
for you or your attorney to continue communicating with the U.S.C.I.S.
office in Beijing, and perhaps even involving your local Congressman
or Senator's office to inquire as to the delay.
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