Pursuant to section 232(b) of the Act, an applicant for adjustment of status shall be required to have a medical examination by a designated civil surgeon, whose report setting forth the findings of the mental and physical condition of the applicant, including compliance with section 212(a)(1)(A)(ii) of the Act, shall be incorporated into the record. A medical examination shall not be required of an applicant for adjustment of status who entered the United States as a nonimmigrant spouse, fianceé, or fianceeé of a United States citizen or the child of such an alien as defined in section 101(a)(15)(K) of the Act and § 214.2(k) of this chapter if the applicant was medically examined prior to, and as a condition of, the issuance of the nonimmigrant visa; provided that the medical examination must have occurred not more than 1 year prior the date of application for adjustment of status. Any applicant certified under paragraphs (1)(A)(ii) or (1)(A)(iii) of section 212(a) of the Act may appeal to a Board of Medical Officers of the U.S. Public Health Service as provided in section 234 of the Act and part 235 of this chapter.
[56 FR 49841, Oct. 2, 1991, as amended at 62 FR 10384, Mar. 6, 1997; 66 FR 42595, Aug. 14, 2001]
Notes of Decisions
Cited in
14
cases (
1 in the last 5 years), 1968–2023 · leading case:
SILVA
SILVA (1976)
bia
“No visa actually is- sues, but a visa number is allocated and utilized, 8 C.F.R. 245.5. In Matter of Smith, supra, the waiver under section 212(e) removed a bar to this fictional issuance of a visa and thus allowed the alien the benefits of section 245.”
Ronaldo Marques v. Loretta Lynch (2016)
ca5
“1981) (emphasis added) (citation omitted) (citing 8 C.F.R. § 245.5 , now § 245.4). This regulation is not of recent vintage.”
Fei Bian v. Hillary Clinton (2010)
ca5
“, the requirement that applicants be examined by a civil surgeon, 8 C.F.R. § 245.5 , the requirement that applicants be interviewed by an immigration officer, 8 C.”
Yue Yu v. Brown (1999)
nmd
“” The Code of Federal Regulations further provide that each “applicant for adjustment of status shall be required to have a medical examination,” 8 C.F.R. § 245.5 ; that “[e]ach applicant for adjustment of status under this part shall be interviewed by an immigration officer,” 8…”
Ahmed v. Holder (2014)
paed
“2d at 931 (“The Code of Federal Regulations further provide[s] that each ‘applicant for adjustment of status shall be required to have a medical examination,’ 8 C.F.R. § 245.5 ; that ‘[e]ach applicant for *754 adjustment of status under this part shall be interviewed by an…”
ARIAS-URIBE (1971)
bia
“sub- mit to all of the tests as if he were an applicant at a port of entry (8 CFR 245.5). Since this respondent, as an applicant for relief under section 245, is subject to all of the exclusion provisions of section 212(a), we find no valid reason for denying him the benefits of…”
Brown v. Barr (2019)
ca10
“§ 252 (authorizing promulgation of regulations regarding medical examinations of aliens); 8 C.F.R. § 245.5 (“[A]n applicant for adjustment of status shall be required to have a medical examination by a designated civil surgeon .”
Fei Bian v. Hillary Clinton (2010)
ca5
“, the requirement that applicants be examined by a civil surgeon, 8 C.F.R. § 245.5 , the requirement that applicants be interviewed by an immigration officer, 8 C.”
Fei Bian v. Hillary Clinton (2010)
ca5
“, the requirement that applicants be examined by a civil surgeon, 8 C.F.R. § 245.5 , the requirement that applicants be interviewed by an immigration officer, 8 C.”
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