In adjustment of status cases, this reading can lead to a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID).
In a recent case, a USCIS NOID pointed to exactly this: the page with space for medical examinations was blank and listed no exemptions, and the page designated for "notes of exemption from the military duty" was also blank.
Under Russian law, these sections are expected to be blank for a citizen who was exempted from conscription with fitness category "В" (Cyrillic, transliterated "V") and enrolled in the reserve.
This article deals only with the blank sections. Errors in the translation itself — "transferred to the reserves," the rank "Private" and the Latin "B" — are covered in a separate article: How a Bad Certified Translation of a Russian Military ID Can Derail a Green Card Case.
A note on page numbers
The military ID form exists in several editions, and the page numbers differ between them. The section numbers do not: Section VI covers medical examinations, Section IX covers registration with military commissariats, and Section X covers exemption from military duty. The page numbers used below are those of an ID issued in 2016 on a blank printed in 2012.
On the form introduced by Order No. 495 (2014), the same sections appear on pages 17 (Section VI), 25–28 (Section IX) and 30 (Section X). On the form introduced by Order No. 700 (2021), they appear on pages 21, 29–32 and 34.
Section VI (page 13): medical examinations
The officer's doubt. Section VI, "Information on medical examinations and vaccinations," is blank and lists no exemption. The officer assumes that a medical exemption would be recorded there.
Explanation. Section VI records conclusions of a military-medical commission (военно-врачебная комиссия, VVK); the form itself has a blank for "name of the VVK." A VVK is a standing commission of a military commissariat or of a branch of the armed forces. It examines servicemen, reservists and some other groups.
At conscription there is no VVK. Specialist physicians examine the conscript, and the physicians directing the examination issue the fitness conclusion (Regulation on Military-Medical Expertise, paras. 15–18). The draft commission then takes its decision on the basis of that conclusion.
Where the entry belongs. The draft commission's decision — exemption from conscription, enrolment in the reserve and the fitness category — is recorded in item 6 on page 2. Section VI is filled in only if the person is examined again later, for example when a reservist with category "В" is re-examined by a VVK (Regulation, paras. 84–89). For a citizen who was exempted at conscription and never re-examined, Section VI stays blank.
Section X (page 26): exemption from military duty
The officer's doubt. Section X, "Notes of exemption from military duty," is blank. The officer treats this as the absence of any record of an exemption.
Explanation. Russian law distinguishes two different exemptions, which lead to two different legal statuses:
- Exemption from conscription (освобождение от призыва на военную службу). It applies to fitness category "В," "of limited fitness for military service" (Federal Law No. 53-FZ, Art. 23(1)(a)). The citizen remains subject to military registration and is enrolled in the reserve (Art. 52).
- Exemption from military duty altogether (освобождение от исполнения воинской обязанности). It applies to fitness category "Д," "unfit for military service" (Art. 23(4)). Such a citizen is removed from military registration.
Where the entry belongs. Section X contains two entries. The first (item 34 on the 2012 blank) records exemption from military duty and removal from registration; it is filled in only for category "Д." The second (item 35) records removal from registration on reaching the age limit for the reserve. Neither applies to a young man with category "В," and an entry in Section X would contradict his status. His continued registration is shown instead by the military commissariat stamps in Section IX (page 21 on the 2012 blank).
FAQ
Why is the medical examinations page blank in a Russian military ID?
Because at conscription the fitness category is not set by a military-medical commission. The draft commission's decision and the category are recorded in item 6 on page 2. The medical examinations section (Section VI) is filled in only if the person is re-examined later by a military-medical commission.
Why is the "notes of exemption from the military duty" page blank?
That section records exemption from military duty altogether, which applies only to category "Д" (unfit), and removal from registration at the age limit. A man exempted from conscription with category "В" remains in the reserve, so the section stays blank.
What is the difference between category "В" and category "Д"?
Category "В" (of limited fitness) is a ground for exemption from conscription; the citizen is enrolled in the reserve. Category "Д" (unfit) is a ground for exemption from military duty altogether; the citizen is removed from military registration.
Why explaining it yourself is rarely enough
Counsel's arguments are not evidence, and in U.S. immigration proceedings foreign law must be proven as a fact. Where USCIS has identified an inconsistency, it expects it to be resolved with independent, objective evidence (Matter of Ho, 19 I&N Dec. 582, 591–92 (BIA 1988)). An applicant's own explanation of Russian law, however accurate, usually carries little weight.
An expert opinion on Russian law is the most direct way to provide that evidence. It connects the specific features of the form to the provisions that govern it:
- Federal Law No. 53-FZ "On Military Duty and Military Service" (Arts. 23 and 52);
- the Regulation on Military-Medical Expertise, approved by Government Resolution No. 565 of 4 July 2013;
- the Instruction on military registration approved by Order of the Minister of Defence No. 495 of 18 July 2014 (in force when most such IDs were issued; replaced by Order No. 700 of 22 November 2021).
The opinion shows USCIS that the blank sections are not an omission but exactly what the form requires for this status. The exemption itself is recorded in item 6.
This article is general information, not legal advice on any specific case.
About the author
Dr. Anton Burkov is an expert on Russian law and official Russian documents and the founder of the Strategic Litigation Center in Boston. He prepares expert legal opinions for USCIS and U.S. immigration courts on Russian statutes, records and their translations in employment-based, family-based and other immigration cases. If an RFE or NOID turns on what a Russian document means, contact him at ab@strategiclitigation.center or +1 (470) 404-2105.
Related reading:
Russian military ID translation errors in USCIS cases
Explaining the Rank of "Private" in a Non-Serving Russian Client's Military ID
This article in Russian
Russian military ID translation errors in USCIS cases
Explaining the Rank of "Private" in a Non-Serving Russian Client's Military ID
This article in Russian
Sources
- Federal Law No. 53-FZ, Article 23 "Exemption from conscription… Exemption from military duty"
- Federal Law No. 53-FZ, Article 52 "Enrollment in the reserve"
- Government Resolution No. 565 of 04.07.2013, Regulation on Military-Medical Expertise, paras. 15–18, 84–89
- Order of the Minister of Defence No. 495 of 18.07.2014 and Order No. 700 of 22.11.2021 (forms of the military ID)
- Matter of Ho, 19 I&N Dec. 582 (BIA 1988)
