Can Immigration Attorneys Keep a Copy of Form I-693?
Quick Answer
Immigration attorneys may request a copy of Form I-693 before it is sealed by the civil surgeon. Once sealed, the envelope must not be opened. The civil surgeon has discretion to provide a copy, and any copy must be handled in compliance with HIPAA and applicable privacy laws.
The Sealed Envelope Rule and Attorney Copies
Form I-693 must be submitted to USCIS in a sealed envelope. The civil surgeon seals the envelope and signs across the seal. Once sealed, the envelope must not be opened by anyone — including the applicant or their attorney.
However, attorneys may request a copy of the completed form before the civil surgeon seals the envelope. This pre-seal copy can be useful for reviewing the form for completeness, preparing for potential RFEs, and maintaining a record of the examination findings.
Civil Surgeon's Discretion
The civil surgeon has discretion to provide a copy of Form I-693 to the attorney or applicant before sealing. Not all civil surgeons routinely provide copies, but many will do so upon request, particularly for attorney-referred clients.
Attorneys who work regularly with a civil surgeon can establish a standing arrangement for pre-seal copies. Contact the civil surgeon's office in advance to discuss this option.
HIPAA Considerations
Form I-693 contains protected health information (PHI) subject to HIPAA. The civil surgeon may require a signed HIPAA authorization from the patient before providing a copy to the attorney.
Attorneys who receive a copy of Form I-693 must handle it in compliance with applicable privacy laws. The copy should be stored securely, access should be limited to authorized personnel, and the copy should not be disclosed to third parties without the patient's authorization.
What Attorneys Can and Cannot Do With a Copy
A pre-seal copy of Form I-693 can be used for:
- Reviewing the form for completeness and accuracy before submission
- Identifying potential RFE issues before they arise
- Preparing for the USCIS interview
- Maintaining a record of the examination findings for the client file
Limitations on Use of the Copy
Attorneys cannot use a copy of Form I-693 to submit to USCIS in place of the sealed original, share the copy with third parties without patient authorization, or alter or annotate the copy in any way that could be confused with the original.
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