[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

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



[[Page 406]]



other case in which the Service requests a medical examination of an 

alien, the examination shall be made 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



[[Page 407]]



Form I-141, Medical Certificate, in duplicate. The form shall be 

returned to 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]