Answer: The NSC correspondence to USCIS Asylum offices clearly states that upon approval of a nunc pro tunc asylum grant, the Asylum office is to return the applicant’s A File to the NSC to complete adjudication of the I-485 Asylum adjustment. It is entirely the responsibility of the USCIS Asylum office to review the nunc pro tunc asylum application and to return it to the NSC if the approval is granted. The NSC does not utilize a tickler system to track USCIS Asylum office nunc pro tunc approvals.
Under what circumstances other than a nunc pro tunc situation does the NSC return a
file to a CIS Asylum Unit? (One CBO had an I-485 asylee case sent to an asylum office after a response to a RFE from the NSC indicated that the I-485 applicant had no proof of his initial entry into the U.S. on a B1-B2 visa – he had lost his original I-94, although the CIS computer did have a DOE.) Why should an asylee (either direct or derivative) have to prove anything regarding initial admittance or entry into the U.S.?– That may be required for other adjustment applicants, but appears irrelevant for asylees and would have been an issue at the
I-589 interview stage.
Answer: NSC will return an asylee’s A File to an Asylum Office when there are indications that the asylum grant should be reviewed for possible termination. An asylee (either direct or derivative) during the adjustment to lawful permanent resident is examined for all inadmissibilities under the INA. See INA Sec 209 (a). How an asylee entered the United States is addressed during the I-589 interview stage, however, it is not an issue that would lead to an asylum denial.
I-485 Class B issues: When a refugee has his/her medical exam overseas and the civil
surgeon notes a Class B condition, certain of those conditions (like forms of TB and infectious syphilis) then delay the entry of the refugee until s/he completes the medical treatment required for entry. Once the treatment has been completed, the civil surgeon then prepares forms that indicate the treatment has been completed and that, for example, the applicant no
longer has infectious syphilis, but generally the original medical form is not changed to delete the Class B check mark. One CBO has gotten strange RFE letters asking the I-485 applicant to repeat these tests in the U.S., even though the Class B condition was basically resolved prior
to entry. Please clarify I-485 policies when Class B conditions have been resolved prior to entry.
Answer: The officer will review the documentation in the file to ensure that an applicant who has a Class B medical condition that requires follow-up treatment after admission into the Untied States receives such treatment. The Adjudicator’s Field Manual provides the following guidance:
Furthermore, if the refugee obtained a waiver of inadmissibility on medical grounds which are required follow-up action after the refugee’s arrival in the U.S., it is imperative that before granting adjustment of status you verify that the refugee complied with such follow-up requirements. For example, if a refugee suffering from tuberculosis received a waiver which required that he or she received treatment through his or her county health department, he or she should be required to submit a letter from that health department verifying that he or she has complied (or is complying) with such requirements.