[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR232.2]

[Page 405-407]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 232_DETENTION OF ALIENS FOR PHYSICAL AND MENTAL EXAMINATION--Table 
of Contents
 
Sec. 232.2  Examination in the United States of alien applicants for 
benefits under the immigration laws and other aliens.

    (a) General. When a medical examination is required of an alien who 
files an application for status as a permanent resident under section 
245 of the Act or part 245 of this chapter, it shall be made by a 
selected civil surgeon. Such examination shall be performed in 
accordance with 42 CFR part 34 and any additional instructions and 
guidelines as may be considered necessary by the U.S. Public Health 
Service. In any other case in which the Service requests a medical 
examination of an alien, the examination shall be made

[[Page 406]]

by a medical officer of the U.S. Public Health Service, or by a civil 
surgeon if a medical officer of the U.S. Public Health Service is not 
located within a reasonable distance or is otherwise not available.
    (b) Selection of civil surgeons. When a civil surgeon is to perform 
the examination, he shall be selected by the district director having 
jurisdiction over the area of the alien's residence. The district 
director shall select as many civil surgeons, including clinics and 
local, county and state health departments employing qualified civil 
surgeons, as he determines to be necessary to serve the needs of the 
Service in a locality under his jurisdiction. Each civil surgeon 
selected shall be a licensed physician with no less than 4 years' 
professional experience. Under usual circumstances physicians will be 
required to meet the 4 year professional experience criteria. However, 
at the district director's discretion other physicians with less 
experience can be designated to address unusual or unforeseen situations 
as the need arises. Officers of local health departments and medical 
societies may be consulted to obtain the names of competent surgeons and 
clinics willing to make the examinations. An understanding shall be 
reached with respect to the fee which the surgeon or clinic will charge 
for the examination. The alien shall pay the fee agreed upon directly to 
the surgeon making the examination.
    (c) Civil surgeon reports--(1) Applicants for status of permanent 
resident.(i) When an applicant for status as a permanent resident is 
found upon examination to be free of any defect, disease, or disability 
listed in section 212(a) of the Act, the civil surgeon shall endorse 
Form I-486A, Medical Examination and Immigration Interview, and forward 
it with the X-ray and other pertinent laboratory reports to the 
immigration office from which the alien was referred, The immigration 
office may return the X-ray and laboratory reports to the alien. If the 
applicant is found to be afflicted with a defect, disease or disability 
listed under section 212(a) of the Act, the civil surgeon shall complete 
Form OF-157 in duplicate, and forward it with Form I-486A, X-ray, and 
other pertinent laboratory reports to the immigration office from which 
the alien was referred.
    (ii) If the applicant is found to be afflicted with active 
tuberculosis and a waiver is granted under section 212(g) of the Act, 
the immigration office will forward a copy of the completed Form I-601 
(Application for Waiver of Grounds of Excludability) and a copy of the 
Form OF-157 to the Director, Division of Quarantine, Center for 
Prevention Sevices, Centers for Disease Control, Atlanta, GA 30333.
    (iii) If an alien who if found to be mentally retarded or to have 
had one or more previous attacks of insanity, applies for a waiver of 
excludability under section 212(g) of the Act, the immigration office 
will submit to the Director, Division of Quarantine, Center for 
Prevention Services, Centers for Disease Control, Atlanta, GA 30333, the 
completed Form I-601, including a copy of the medical report specified 
in the instructions attached to that form, and a copy of Form OF-157. 
This official shall review the medical report and advise the Service 
whether it is acceptable, in accordance with Sec. 212.7(b)(4)(ii) of 
this chapter.
    (iv) In any other case where the applicant has been found to be 
afflicted with active or inactive tuberculosis or an infectious or 
noninfectious leprosy condition, the immigration office will forward a 
copy of Form OF-157 with the applicant's address endorsed on the reverse 
to the Director, Division of Quarantine, Center for Prevention Services, 
Centers for Disease Control, Atlanta, GA 30333.
    (2) Other aliens. The results of the examination of an alien who is 
not an applicant for status as a permanent resident shall be entered on 
Form I-141, Medical Certificate, in duplicate. This form shall be 
returned to the Service office by which the alien was referred.
    (d) U.S. Public Health Service hospital and outpatient clinic 
reports. When an applicant for a benefit under the immigration laws, 
other than an applicant for status as a permanent resident, is examined 
by a medical officer of the U.S. Public Health Service, the results of 
the examination shall be entered on Form I-141, Medical Certificate, in 
duplicate. The form shall be returned to

[[Page 407]]

the Service office by which the alien was referred.

[38 FR 33061, Nov. 30, 1973, as amended at 48 FR 30610, July 5, 1983; 52 
FR 16194, May 1, 1987. Redesignated at 62 FR 10353, Mar. 6, 1997]