jiaxiang20052009-08-02 22:14:37
Pjiang 老师,I just got this decision letter.

A review of your file and USCIS records did not establish that the submitted evidence was sufficient to warrant a favorable decision. On June 23, 2009, USCIS requested that you submit medical examination (Form I-693) completed by a designated civil surgeon and a current letter of employment.

8 C.F.R. 103.2(b)(11) states:
In response to a request for evidence or a notice of intent to deny, and within the period afforded for a response, the applicant or petitioner may: submit a complete response containing all requested information at any time within the period afforded; submit a partial response and ask for a decision based on the record; or withdraw the application or petition. All requested materials must be submitted together at one time, along with the original USCIS request for evidence or notice of intent to deny. Submission of only some of the requested evidence will be considered a request for a decision on the record.

On July 20,2009, this office has received a partial response to the request. Submitted evidence covered employment letter and part 2 of Medical Examination of Form I-693. The submitted evidence is not complete because tuberculin skin test (TST). Serologic Tests for Syphilis and HIV were not administered. The civil surgeon indicated in the form"Vaccine update only" which is not acceptable.

In accordance with the Tuberculosis Component Of Technical Instructions For The Medical Examination Of Aliens In The United States, A TST Must be performed on all applicants who are 2 years of age and older, regardless of pregnancy or previous immunization with Bacille Calmette-Guerin (BCG) vaccine. A TST may be performed on applicants less than 2 Years of age if there is evidence of contact with a person known to have Tuberculosis (TB) or other reason to suspect TB. Moreover, in accordance with the Technical Instructions for the Medical Examination of Aliens in the United States, all applicants 15 years of age and older are required to undergo the serologic Tests for Syphilis and HIV. You are required to undergo the serologic tests for HIV and Syphilis because you were over 15 years of age at the time that the medical examination was administered.

Because of this deficiency, Form I-693 is not properly completed. The burden of proof in the proceedings lies solely with the applicant (Section 291 of the Immigration and Nationality Act, 8 U.S.C. 1361). You have not sustained that burden and therefore you have failed to prove eligibility. Accordingly, your application must be denied.