Immigration Archives - Law Office of Jessie M. Thomas

22 Jul

Form I-693, Report of Medical Examination and Vaccination Record

If you’re applying for a green card in the United States, you have to submit Form I-693, which is a medical exam and vaccination record completed by a specific doctor. This form shows that you are not inadmissible to the United States based on health reasons.

A Form I-693 that is signed by the civil surgeon on November 1, 2023, or later does not expire and can be used for any immigration benefit application at any time in the future.

Note: if a USCIS officer has reason to believe that the applicant’s medical condition has changed since the civil surgeon signed the Form I-693 or that the Form I-693 does not accurately reflect the applicant’s medical condition, then the officer has the discretion to request further evidence or a new or updated Form I-693.

If I am applying for an immigrant visa outside the United States, do I need a Form I-693?

No. If you apply at a consular post, you will have a medical examination conducted by a DOS panel physician.

Can anyone complete the Form I-693?

Only a doctor listed on the USCIS website at www.uscis.gov/tools/find-a-civil-surgeon may perform the exam.

How much does it cost to have the Form I-693 completed?

Rates vary by physician. Do your research to compare what different offices charge. When scheduling the
appointment, tell the office that it is for an immigration medical examination.

What should I bring to my medical examination appointment?

Government-issued photo identification;
List of medications you are currently taking;
Vaccination records;
Proof of COVID-19 vaccination, if applicable;
Any other medical records, if available;
A current edition of Form I-693, available at https://www.uscis.gov/i-693

What happens at the appointment?

You’ll sign the certification at the start of the immigration medical exam to confirm that you agree to the exam and that all the information you provide about the exam is true. During the medical examination, the civil surgeon will perform tests for communicable diseases of public health significance and screen for certain physical or mental disorders, as well as for drug addiction and abuse. The civil surgeon will also make sure that you have all required vaccinations. Additional testing may be necessary.

When all testing has been completed, the civil surgeon will sign Form I-693 and put it in a sealed envelope.

IMPORTANT: Do not break the seal or open this envelope. USCIS will not accept Form I-693 if it is not in a sealed envelope or if the envelope is altered in any way. The civil surgeon should provide you with an additional copy of the signed Form I-693 for your records.

When will the Form I-693 medical exam be submitted to USCIS?

You may submit the completed medical exam with your green card application or later, in response to a Request for Evidence.

NOTE: Always check with your attorney before mailing anything to USCIS.

How long is Form I-693 valid?

A Form I-693 that was properly completed and signed by a civil surgeon on or after November 1, 2023 does not expire. A Form I-693 completed prior to that time is valid for two years from the date that the civil surgeon signed it.

Form I-693 Questions?

The information in this post is intended for general information purposes only and does not constitute legal advice. You should not act or rely on any information in this post without seeking the advice of a competent, licensed immigration attorney.

For more information on how this might apply to your case, please contact immigration attorney Jessie M. Thomas at www.staylegally.com/free-case-evaulation/.

28 Nov

Know Your Rights: What to Do If You Are Detained at a Port of Entry (LPR)

Jessie Thomas

Immigration

All people arriving at the U.S. border or a port of entry have basic rights, and lawful permanent residents (LPRs), also known as green card holders, enjoy greater rights than non-immigrants when returning to the United States after travel abroad. Like all international travelers, LPRs are subject to inspection by U.S. Customs and Border Protection (CBP) when arriving at an airport or land port of entry. As an LPR, CBP will screen you to determine whether you are a “returning resident” or an “arriving alien.”

If questions arise and CBP is unable to admit you quickly, you may be taken to a separate area for “secondary inspection.” A referral to secondary inspection by itself is not an adverse action, but you can expect to be detained anywhere from a few minutes to several hours or longer if an issue arises. During secondary inspection, CBP will ask you questions and may collect biographic and biometric data, run record checks, and determine whether you should be admitted to the United States.

If you are detained by CBP in secondary inspection, you have the following rights:

You have the right to contact your consulate for assistance. The consulate can help you contact a lawyer or your family.
If you have a lawyer, you should ask CBP for permission to contact your lawyer. Note, however, that CBP may tell you that you do not have the right to speak to an attorney.
You have the right to review all written statements that are prepared for you, in a language that you can understand.
If you do not agree with the contents of any papers that are presented to you, you may refuse to sign them.
You do not have a right of privacy that protects your mobile phone, computer, tablet, or other electronic devices. CBP may search your device and access your email and screen your social media activity during the inspection process. Your phone, laptop, or other digital device may be held and returned to you later.

If CBP determines that you are a “returning resident”, you should be processed quickly and admitted to the U.S. However, CBP will consider you an “arriving alien” if it determines that you:

Have abandoned or relinquished your LPR status;
Have been absent from the U.S. for a continuous period of more than 180 days;
Engaged in illegal activity after departing the U.S.;
Departed the U.S. while in removal proceedings or extradition proceedings;
Committed certain criminal offenses unless you were granted an immigration waiver; or
Are attempting to enter without inspection.

Right to a Hearing Before an Immigration Judge

An LPR who is deemed to be an “arriving alien”, may be charged as removable from the United States. LPRs that are charged as removable have the right to a hearing before an immigration judge.

Abandonment of Residence/LPR Status

CBP may attempt to convince you that you abandoned your residence because of your absence from the United States and may urge you to sign a Form I-407, Record of Abandonment of Lawful Permanent Resident Status. However, it is important to know:

You cannot lose your LPR status solely because of time spent abroad.
An LPR remains an LPR unless the government proves abandonment by clear, unequivocal, and convincing evidence and an order of removal is issued by an immigration judge and becomes final.
Form I-407 must be signed voluntarily. You may refuse to sign the form and there are no negative consequences if you refuse to sign it.

If CBP believes that you abandoned your U.S. residence and you refuse to sign a Form I-407, CBP must issue you a Notice to Appear (NTA) before an immigration judge who will determine if you have abandoned your U.S. residence. CBP cannot make this decision on its own.

If CBP believes that you abandoned your U.S. residence and you sign a Form I-407, you still have the right to request a hearing before an immigration judge.
If CBP takes your permanent resident card, you have the right to other evidence of your LPR status, such as a stamp in your passport.

Future Travel. To avoid delays at the ports of entry or legal issues in the future, you should consult with an immigration attorney prior to traveling if you:

Have a criminal record (criminal convictions or a pending criminal charge).
Have an application pending with U.S. Citizenship and Immigration Services (USCIS) or the Executive Office for Immigration Review (EOIR).
There is anything in your immigration history that was not disclosed during your immigration process or that might cause a government official to question you about the reason for your travel or about your immigration history.

Questions? Want to Avoid Delays in the Future? Contact an Experienced Immigration Lawyer

To avoid delays at a port of entry or legal issues in the future, it is important to consult with a qualified immigration lawyer. Call immigration attorney Jessie M. Thomas at (214) 838-0045 or contact Law Office of Jessie M. Thomas office for answers.

Printable Factsheet to Help you Understand Your Rights If You Are Detained at a Port of Entry (Legal Permanent Residents)

View online, download, or print and share with others

What to Do if You are Detained at a Port of Entry (Lawful Permanent Residents)

22 Mar

Know Your Rights: Undocumented Immigrants Have These Rights, Too

Jessie Thomas

Immigration

Know your rights. Everyone living in the U.S. has certain basic rights under the U.S. Constitution. Undocumented immigrants have these rights, too. It is important that we all assert and protect our basic rights.

If you find you have to deal with Immigration and Customs Enforcement (ICE) or other law enforcement officers at home, on the street, or anywhere else, remember that you have the rights described in this factsheet. The factsheet also provides suggestions for what you should do to assert your rights.

You have the right to remain silent. You may refuse to speak to immigration officers.
- Do not answer any questions. You may also say that you want to remain silent.
- Also, do not say anything about how you entered the U.S. or where you were born
Carry a know-your-rights card and show it if an immigration officer stops you.
- The card explains that you will remain silent and that you wish to speak with an attorney.
Do not open your door.
- It is important to not open your door unless an ICE agent shows you a warrant. (They almost never have one.) To be allowed to enter your home, ICE must have a warrant signed by a judge. If an ICE agent wants to show you a warrant, they can hold it against a window or slide it under the door. To be valid, the warrant must have your correct name and address on it.
- You do not need to open the door to talk with an ICE agent. Once you open the door, it is much harder to refuse to answer questions.
You have the right to speak to a lawyer
- You can simply say, “I need to speak to my attorney.”
- You may have a lawyer with you if ICE or other law enforcement questions you.
Before you sign anything, talk to a lawyer.
- ICE may try to get you to sign away your right to see a lawyer or a judge. Be sure you understand what a document actually says before you sign it.
Always carry with you any valid immigration document you have.
- For example, if you have a valid work permit or green card, be sure to have it with you in case you need to show it for identification purposes.
- In addition, do not carry papers from another country with you, such as a foreign passport. Such papers could be used against you in the deportation process.
If you are worried ICE will arrest you, let the officer know if you have children.
- And, if you are the parent or primary caregiver of a U.S. citizen or permanent resident who is under age 18, ICE may “exercise discretion” and let you go.

Know Your Rights Card
Print, Cut Out, Fold and Carry in your Wallet or Purse

Questions? Contact an Experienced Immigration Lawyer

If you or your family members have any questions about your immigration status, it is important to consult with a qualified immigration lawyer. Call immigration attorney Jessie M. Thomas at (214) 838-0045 or contact Law Office of Jessie M. Thomas office for answers.

More Factsheets to Help you Understand Your Rights at Home and in the Work Place