Every green card case has its own story, and sometimes the most instructive ones are the cases that hit unexpected obstacles along the way. This is the account of a husband and wife who were pursuing a work-based green card, ran into a Request for Evidence from USCIS over a medical issue they had no way of anticipating, and ultimately came out the other side with an approval and no interview required. Here is exactly what happened, what it teaches about the process, and what it means for couples navigating the current immigration environment.
What is a work-based green card and how does this process work?
A work-based green card, also known as an employment-based immigrant visa, allows a foreign national to obtain lawful permanent residence in the United States based on a job offer from a U.S. employer. In most cases, the employer sponsors the employee by filing the necessary petitions on their behalf. When approved, the primary applicant and their immediate family members, including a spouse, can obtain green cards together through the same case.
In this particular situation, the husband was the primary applicant. His employer had filed the case on his behalf, and his wife was included as a derivative beneficiary. The case had been pending for approximately one year before the critical moment arrived.
What triggered the Request for Evidence?
After about a year of waiting, USCIS issued a Request for Evidence, commonly known as an RFE. An RFE is not a denial. It is a formal notice from USCIS indicating that additional information or documentation is needed before the agency can make a decision on the case. Receiving an RFE is stressful, but it is also relatively common, and responding to it correctly is what determines the outcome.
In this case, the RFE was specifically about the medical examination. As part of the green card process, applicants must undergo a medical checkup conducted by a USCIS-designated civil surgeon. The results are submitted as part of the adjustment of status application in a sealed envelope.
The challenge here was that the couple had completed their medical examination before coming to our office. That meant the attorney had no visibility into what the medical paperwork contained. The sealed envelope was submitted as required, but without knowing whether everything inside was filled out correctly.
What went wrong with the medical examination paperwork?
As it turned out, the civil surgeon’s office had not completed the medical examination paperwork correctly. This is more common than most applicants realize. Civil surgeons perform a high volume of immigration medical examinations, and errors in how the forms are completed do happen. Incomplete fields, missing signatures, incorrect information, or forms that do not follow the precise USCIS formatting requirements can all trigger an RFE.
Because the attorney had not been involved in the original medical examination and the sealed envelope had already been submitted, there was no opportunity to catch the error before it reached USCIS. The RFE required the couple to redo the medical examination paperwork entirely and resubmit it correctly.
How was the RFE resolved and what happened next?
The couple returned to the civil surgeon, had the medical examination redone with the paperwork completed properly this time, and the corrected documentation was submitted in response to the RFE. The response was prepared carefully and submitted promptly.
What happened next surprised even the attorney handling the case. One week after the RFE response was submitted, the case was approved. No interview was scheduled. No further requests for information. Just an approval.
This outcome was notable for a specific reason. The case had been pending during a period when a significant USCIS policy memo had gone into effect, creating uncertainty about how adjustment of status cases would be handled going forward. Given that climate, an approval without an interview, particularly coming just one week after an RFE response, was a genuinely positive result.
Why was the case approved without an interview despite the current policy environment?
This is the question worth examining carefully, because it speaks to something important about how USCIS is handling certain cases even under the current administration.
Several factors likely contributed to the approval. The primary applicant was on a legitimate, active work visa at the time of filing. The couple had children born in the United States. They had financial ties to the country, including documented medical expenses paid here. These are exactly the kinds of factors that immigration officers consider when evaluating the totality of a case under current standards.
The work visa status in particular may have been a significant factor. Applicants who are in the United States on valid employment-based nonimmigrant visas, such as H-1B holders, have a stronger documented record of lawful presence and economic contribution. Under the current policy framework, which places considerable weight on the circumstances surrounding the applicant’s status and intent, being a hardworking visa holder with deep ties to the United States and a family established here clearly worked in this couple’s favor.
What does this case teach about navigating the current green card environment?
First, always involve your immigration attorney before completing any part of the green card process, including the medical examination. Had the attorney been involved from the start, the civil surgeon paperwork error might have been caught before submission, avoiding the RFE entirely.
Second, an RFE is not the end of the case. Responding to it thoroughly, accurately, and promptly is what matters. A well-prepared RFE response can move a case forward quickly, as this one demonstrated.
Third, approvals are still happening. Even in a policy environment defined by uncertainty and increased scrutiny, cases with strong facts, legitimate visa status, and genuine ties to the United States are being approved. The key is presenting those facts clearly and completely.
If you have questions about your work-based or marriage-based green card case, do not navigate the process alone.
Download our free Ultimate Marriage Green Card Guide at MarriageImmigrationLaw.com, join Attorney John Khosravi, Esq. live every Tuesday at 4 PM PT / 7 PM ET on YouTube, LinkedIn, Instagram, and TikTok for a free Q&A, or book a one-on-one consultation to talk through your specific situation. Schedule a consultation at JQKLaw.com/contact
