EMERGENCY AP....Impossible Situation

[MayLeo 0]

Hi VJ Community,

I have a unique and very stressful situation. My husband and I (I'm the Canadian citizen) applied for AOS/EAD/AP in May and are obviously still waiting for approval for all. My problem is this: my father has suddenly become very ill and I need to travel back to Canada as soon as possible to be with my family. I originally thought to schedule an Infopass appointment (which I did, for this upcoming Friday) to obtain the emergency AP. My problem is this: my father is refusing all help from his doctor and he refuses to allow his doctor to write a letter for me, which details his illness, so I can present it at the Infopass meeting. My siblings have gotten involved and contacted the doctor personally, but haven't been able to come up with a letter as a result of doctor/patient confidentiality. Without going into too much detail, my father is a good but very unique individual and has decided to handle his illness in the only way he knows how (I would appreciate any responses to deal specifically with the AP question, and not with any personal remarks or questions). Now I think I'll have to cancel the Infopass appointment, as I don't believe they'll approve the AP without such a letter. My husband and I are brainstorming any other things we could possibly do. Can the AP be expedited somehow? Should we contact a congressman or senator? Any help would be really appreciated.

Many thanks.

[csoul 0]

Here you will find what you need:

http://www.visajourney.com/forums/index.php?showtopic=72491

[MayLeo 0]

Here you will find what you need:

http://www.visajourney.com/forums/index.php?showtopic=72491

Hi.....thanks for the link, but I've read that thread and that person had a letter from the hospital or doctor, something which I won't be able to obtain. I was wondering if anyone had an experience getting the emergency AP without such a letter. Probably not likely, but I thought it was worth it to post the question. Thanks very much for your reply, though.

[Rings 10]

Have as many members of your family write sworn affidavits regarding his illness and get the certified by a notary. It may not work, but it is better than walking in with nothing. If he is married, then his wife can possibly get his doctor to write the letter maybe?

[together2love 0]

THis is kinda off the wall, but what about getting your family members to take pics of him in the hospital - making sure the date is on the pics to prove that he is there. Also, can your doctor just write a letter stating that your father is in the hospital, but because of the doc/patient confidenciality agreement he can say no more than that. It isn't confidencial that he is in the hospital, just what his illness is - so really the doctor should at least be able to write this much up without crossing the line. I also liked the idea of affidavits from family and close friends about his situation, notarized of course. Good luck, very hard situation to be in.

[John & Annie 0]

Have as many members of your family write sworn affidavits regarding his illness and get the certified by a notary. It may not work, but it is better than walking in with nothing. If he is married, then his wife can possibly get his doctor to write the letter maybe?

This is what I would recommend

[MayLeo 0]

Thanks. I really appreciate your thoughtful replies. The sworn affidavit is something I will consider discussing with my family. My parents are divorced and he has not remarried, so there isn't anyone out there who is legally able to get the letter. He also refuses to go to the hospital, which is where he should be by all accounts, and has chosen to carry out as much of his illness as he can in his home. So I don't think pictures or even a vague letter from his doctor would work. My concern is that if the situation does become dire and he does enter the hospital, it will be too late for me to see him. It's also a full day's worth of travel to get to where my family is in Canada, so time is of the essence.

Thanks again for your replies.

[LaL 418]

I hope this works out for you - how stressful.

[rebeccajo 14]

Wow.

I've read several stories of how helpful USCIS personnel can be in emergent medical family situations. Given the fact that you have already applied for your AP, I'm thinking a sympathetic officer is going to do all in their power to help you.

I would go to Infopass with any sworn statements from family and friends I could obtain and the truth. State your facts simply and honestly. I'm thinking USCIS will do their best to work with you.

Good luck and take care.

[MayLeo 0]

Well, I got on the phone with someone in the Alberta government with knowledge about the Health Information Act, and apparently there is a clause in that province that allows the physician to disclose information about their patient if there is a compelling legal reason - it's up to the doctor to interpret the legislation and make the decision. Apparently this issue isn't all that uncommon - which surprised me. I called my father's physician, and he said he would indeed write the letter, but that he wouldn't disclose specific details regarding his illness. Basically the letter says that he has a serious medical condition with a poor prognosis.

So it's the best I can do......I'm hoping with this and the affidavit signed by my family members that it will be enough to convince the immigration officer on Wednesday to issue the emergency AP.

Does anyone have any knowledge or experience regarding the specificity of the physician's letter? I'm wondering how detailed it really needs to be?

[LaL 418]

I would suggest just getting the surgeon to confirm the diagnosis (assuming you know what it is with your father refusing to see the dr) and to explain the supposed prognosis.

I am just guessing here, but I would doubt the AO would need much else to base their decision on.

Much luck to you.

[Krikit 1,165]

You will have more than enough evidence for your appointment, MayLeo. The physician's letter does not need to be any more specific than what you have described. The officers at the CIS office do not require details.... they just require proof of the emergency..... which you will have. Freedom of Information regulations restricts your father's physician from disclosing details, and the officers are familiar with this.

I am sorry for your situation, MayLeo. All the best.

K

(Edited for typo.)

Edited June 25, 2007 by Krikit

[MayLeo 0]

An update on my situation. We went to the Infopass appointment today and presented the affidavit and letter from the doctor, along with all the other evidence of having applied for AOS and AP. We were NOT successful in getting the emergency AP. The officer didn't even glance at the affidavit signed by my family members, and she said the letter from the doctor was too vague. She was empathetic but said that in these types of situations, they need very specific details regarding the person's illness. If anyone else is in this kind of situation, make sure the physician is DETAILED and SPECIFIC in terms of the diagnosis and prognosis for the letter. I explained that my father was unwilling to disclose the details of his illness, hence the vague letter, but obviously that makes little difference to the USCIS.

I'm about at my wit's end here. I booked the flight for July 1st, and part of me feels that I should just leave, even if I can't get the AP. What's worse: starting the whole immigration process over from scratch once I'm in Canada, or not being able to be with my father at the end of his life?

My siblings are still trying to coax my dad into giving his doctor permission to write a more detailed letter. It's hard for all of us to understand.

[LaL 418]

Im so sorry to hear this. Is it possible to continue to try to coax your father into authorizing detailed account of his illness? I suppose with the flight so soon going through immigration again might even be "easier".

Best of luck to you.

[Krikit 1,165]

Unbelievable, May. I am so sorry. This is probably the biggest issue which makes me really irritable about this process..... the fact that you're already traumatized by a family emergency, then having it compounded by this type of situation. This is the number one reason why I would not recommend a K-1 visa.

I hope you are able to resolve this soon. My heart goes out to you.