[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: 8CFR245.5]



[Page 504]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

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 nonimmigrant 

spouse, fiance[eacute], or fiancee[eacute] of a United States citizen or 

the child of such an alien as defined in section 101(a)(15)(K) of the 

Act and 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 1 year prior 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; 66 

FR 42595, Aug. 14, 2001]