[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR245.5]

[Page 521]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE--Table of Contents
 
Sec. 245.5  Medical examination.

    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 non-immigrant 
fiance or fiancee of a United States citizen as defined in section 
101(a)(15)(K) of the Act pursuant to Sec. 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 one year prior to 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]

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