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Does the issuance of an EAD depend on the completion of a medical exam?

San Jose, CA |

I just filed Form I-485, G-325A, and I-765. When should I file Form I-693 and have a medical exam done in order to obtain an EAD as soon as possible? Does the issuance of an EAD depend on the completion of a medical exam?

Attorney Answers 3


  1. The I-693 should have been filed with the I-485. At this point, you will need to wait to see whether USCIS rejects the filing or issues a request for evidence.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. USCIS will issue a Request for Evidence (RFE) for the missing medical exam. If the RFE is issued before a decision on the I-765, it will delay the approval of your I-765 until USCIS receives your response. While the EAD does not depend on completion of the exam, the fact that it is missing can delay the processing of the I-765 since the I-765 is dependent on the processing of the I-485 (so any RFE stops the processing of the I-485, which means the processing of the I-765 also stops until they receive your response). Since you already applied, just be prepared for your RFE. You have a little time (probably 1-2 months after getting your first notice from USCIS) to get the medical done and be prepared to mail it right away (just overnight it) when you receive the RFE, then you can avoid any kind of meaningful delay in the EAD. You cannot send it before the RFE (you can try, but it will not get to your file and you will have wasted your time).


  3. Your I-693 should have been filed with your I-485. USCIS may issue an RFE requesting the I-693. Once you submit the I-693, you should receive an EAD within 90 days.

    Please click the link at the very bottom for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Telephonic, Skype or In-Person
    https://shusterman.com/intake-secure.html
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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