\ slb \ SERVICE LAW BOOKS MENU \ TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) \ 8 CFR PART 245 -- ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE \ § Sec. 245.5 Medical examination.
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Sec. 245.5 Medical examination.
Pursuant to section
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
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, or fiancee of a United States citizen or the child of such an alien as defined in section
of the Act and
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
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
of the Act and part
of this chapter. (Amended 8/14/01;
66 FR 42587
)(Amended effective 4/1/97;
62 FR 10312