[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR245.5]

[Page 511-512]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 245_ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT
 
Sec.  245.5  Medical examination.

    Pursuant to section 232(b) of the Act, an applicant for adjustment 
of status

[[Page 512]]

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]