There are many states in the United States of America, California, New York and 12 others which are joining the movement to save the President’s plan to grant lawful protection to thousands of people in the United States who are residing illegally, even if it can be done so only in certain parts of the country.
The immigration program has been frozen by a federal judge in Texas with lawsuits filed by 25 other states, which say that these states, led by Republican governors mostly, feel that the President is forcing the citizens of the country to take on the financial burden of hundreds of immigrants.
As a result 14 states, led by Democrats mostly are presenting an alternative argument- They say enabling immigrants some protections would actually help them – through a slew of increased tax revenues and more robust families. The states stated in their statement that a single state could not dictate national immigration policy.
A group of legal scholars and immigration-based law instructors recently came up with a statement, declaring that the Texas-based judge’s decision to block the President’s decision “deeply flawed.”
The group argued on television that the executive action programs would have protected “thousands” from the scepter of deportation while providing them permission to work, which would have been within the “legal authority of the federal administration”.
Some of the arguments made by the group included one which said that there was strong legal authority for the deferred action in general, especially for DACA and DAPA, which were recognized in law as a form of prosecutable discretion, and another one which said that the Texan judge had confused deferred action with work permission, and that he was mistaken to suggest that a person could not obtain legal presence through the DACA and DAPA programs. The statement also said that the immigration system had more than 20 forms of prosecutorial discretion that were used by the Department of Homeland Security.
The statement signed by the group of scholars and instructors were similar to others that were signed by the same people when the President’s immigration reform actions were being debated.
Every Green Card applicant in the immigration journey, desirous of immigrating to the United States has to go through an Immigration Medical Examination. In the United States of America the Immigration Medical Examination has to be necessarily conducted by an authorized physician, or by one who is called a USCIS-approved Civil Surgeon. The Civil Surgeon is approved by USCIS or the U.S. Citizenship and Immigration Services and is specially appointed for the purpose. It has to be noted that the Immigration Medical Examination cannot be done by the family physician, unless he or she has been specially approved by USCIS for the purpose.
To help the USCIS-approved Civil Surgeon as much as possible the Green Card applicant should discuss the medical history as accurately as possible without leaving any traces of doubt. Along with the medical history the current conditions too should be detailed out, such as pregnancy, diabetes, hypertension or any other condition, along with the medicines taken, with the Civil Surgeon.
Depending upon the physical examination taken by the Civil Surgeon and the Green Card applicant’s age, medical history and relevant medical conditions applicable the cost of the Immigration Medical Examination is arrived at.
NOT A THOROUGH EXAMINATION
It is to be noted here that the Immigration Medical Examination is not a full or comprehensive examination; only certain medical conditions are examined by the USCIS-approved Civil Surgeon.
1. What are all the things that I need to carry with me to the Immigration Medical Examination?
When you plan to take the examination you are required to carry along your passport, and any other government-issued photo identity proof with you. You are also required to carry along reports of your vaccination history, if you have any. In the case of applying for your immigration visa from outside of the USA you are required to bring along 3 current visa sized photographs.
2. Can I take advantage of a ‘medical waiver’ if any?
Yes you can! What a medical waiver does is to enable the immigration applicant to stay and reside in the USA even if he or she is inadmissible on the grounds of medical health. A medical waiver is generally granted on a case-to-case basis.
One is eligible for a waiver if:
- One is the spouse or unmarried son or daughter or the minor, unmarried adopted child of a person who is a U S citizen or legal permanent resident, or
- One has a son or daughter or is a lawfully adopted child who is a US citizen or a legal permanent resident, or
- One is a self-petitioning spouse or child due to existing abuse.
3. What is meant by medical grounds of inadmissibility?
This is a term used when an applicant has a health problem and poses a risk to public health in the USA.
We shall talk more about this term in our next post!
