USCIS Regulatory Frameworks & Compliance 5 — Questions and Answers
Question 1: What action must a civil surgeon take if an applicant refuses a required vaccination during the immigration medical exam?
- Complete the I-693 as normal and note no issues
- Document the refusal on the I-693, which may result in inadmissibility (Correct answer)
- Reschedule the exam for a later date automatically
- Contact USCIS by phone before proceeding
Correct answer: Document the refusal on the I-693, which may result in inadmissibility
If an applicant refuses a required vaccination without a valid medical or religious exemption, the civil surgeon must document this on the I-693, which can lead to an inadmissibility finding.
Question 2: Which of the following is an acceptable basis for a medical exemption from a required vaccination during the immigration medical exam?
- Personal philosophical opposition to vaccines
- A documented contraindication to the vaccine supported by medical evidence (Correct answer)
- Country of origin with different vaccination schedules
- Applicant's preference for alternative medicine
Correct answer: A documented contraindication to the vaccine supported by medical evidence
A documented medical contraindication, such as a severe allergic reaction to a vaccine component, is an acceptable basis for exempting an applicant from that specific vaccination.
Question 3: Under 8 CFR § 212.15, which of the following persons is NOT required to have a USCIS-designated civil surgeon perform their I-693 examination?
- An applicant adjusting status inside the United States
- An alien applying for an immigrant visa at a U.S. embassy abroad (Correct answer)
- An asylee applying to adjust to permanent resident status
- A Diversity Visa lottery winner adjusting inside the U.S.
Correct answer: An alien applying for an immigrant visa at a U.S. embassy abroad
Applicants outside the United States applying for immigrant visas undergo their medical examination with a panel physician designated by the U.S. embassy or consulate, not a USCIS civil surgeon.
Question 4: The USCIS Policy Manual requires that the I-693 be submitted in a sealed envelope. What is the significance of a broken seal when USCIS receives the form?
- The form must be automatically returned to the applicant for resealing
- USCIS may reject the form and require the applicant to repeat the examination (Correct answer)
- The civil surgeon is automatically penalized
- There is no practical consequence for a broken seal
Correct answer: USCIS may reject the form and require the applicant to repeat the examination
A broken seal on the I-693 envelope raises integrity concerns, and USCIS may reject the form and require the applicant to undergo a new medical examination with a civil surgeon.
Question 5: Which of the following best describes a 'panel physician' in the context of USCIS immigration medical requirements?
- A USCIS-designated doctor who performs exams inside the United States
- A physician designated by the State Department to conduct overseas immigrant visa medical exams (Correct answer)
- A specialist physician on a USCIS medical advisory panel
- A physician employed directly by the CDC
Correct answer: A physician designated by the State Department to conduct overseas immigrant visa medical exams
Panel physicians are doctors designated by U.S. embassies or consulates abroad to conduct medical examinations for applicants applying for immigrant visas outside the United States.
Question 6: Which of the following applicant circumstances generally exempts them from needing a new medical examination when adjusting status?
- Applicant is over age 50
- Applicant underwent a medical exam as part of the refugee admissions process within the past year (Correct answer)
- Applicant is a U.S. military veteran
- Applicant has previously held a green card
Correct answer: Applicant underwent a medical exam as part of the refugee admissions process within the past year
Refugees who underwent an overseas medical examination as part of the refugee admissions process within the prior year may be exempt from repeating the full medical examination when adjusting status.
Question 7: Which of the following correctly describes the civil surgeon's obligation regarding drug abuse or addiction findings during the immigration medical exam?
- Drug abuse findings are confidential and not reported on the I-693
- Current drug abuse or addiction is a Class A inadmissibility ground and must be documented on the I-693 (Correct answer)
- Only illegal drug use is reportable; prescription drug misuse is excluded
- Civil surgeons may use professional discretion to omit drug findings to protect the applicant
Correct answer: Current drug abuse or addiction is a Class A inadmissibility ground and must be documented on the I-693
Current drug abuse or addiction is a Class A health-related ground of inadmissibility under INA § 212(a)(1)(A)(iv) and must be documented on the I-693 by the civil surgeon.
What action must a civil surgeon take if an applicant refuses a required vaccination during the immigration medical exam?