601A Evidence Question

[davidvs 337]

One of the arguments I am planning on using for my wife's 601a waiver is related to my father's health.

 

My father is in his 80's and has Parkinson's. I/we spend a good amount of the weekend at my parent's house helping to take care of him. I would not be able to do this if I were to move to Thailand while we wait out her 10 year bar.

My parents have asked his neurologist for a letter stating his diagnosis, but she says she cannot provide it due to HIPA regulations. (I don't believe this is accurate, but that's a different story...)

 

Is it acceptable to just mention my father's condition without providing evidence to support it, or should I just leave it out of the letter entirely? Alternatively, my parents could ask for his medical records and include the entire file (though I would rather not do that route)

[SteveInBostonI130 3,440]

What was your lawyer's recommendation?

[davidvs 337]

13 minutes ago, SteveInBostonI130 said:

What was your lawyer's recommendation?

Lawyer said just to write it in the letter.

 

This is one of our weakest arguments anyway, my lack of Thai language, inability to work there and affect of relocating our son without me (if I were to stay here) are our big ticket items which should already guarantee approval. My dad's health concerns is just the cherry on top (in a morbid kind of way).

[Timona 4,207]

Do you have siblings?

Honestly, I don't see this as succeeding. You're trying to use your dad's health to waive your wife's ban. I don't see any relation. USCIS will tell you to take him to a facility.

[Boiler 45,493]

5 minutes ago, davidvs said:

Lawyer said just to write it in the letter.

 

This is one of our weakest arguments anyway, my lack of Thai language, inability to work there and affect of relocating our son without me (if I were to stay here) are our big ticket items which should already guarantee approval. My dad's health concerns is just the cherry on top (in a morbid kind of way).

I always think of it as more of a packet. You can include but without support not something they will pay attention to.

 

Presumably you are aware of I 601a timelines, not that you are likely to have other options.

[Crazy Cat 41,846]

30 minutes ago, davidvs said:

but she says she cannot provide it due to HIPA regulations.

That is not true.  

Edited May 3, 2023 by Crazy Cat

[JeanneAdil 6,504]

The HIPAA Privacy Rule provides individuals with the right to access their medical and other health records from their health care providers and health plans, upon request. The Privacy Rule generally also gives the right to access the individual's health records to a personal representative of the individual.ency

 

If your dad had given POA to anyone prior to the illness getting serious,  that would be how to get his records/ if he has an attorney,  the attorney could get them but probably not release to u

 

if u have a court order to be caregiver for your father, u can also have access to his medical records 

Read the following Illinois site for info on caregivers / it might help by pointing out an agency that would tell u what to do for your family

https://ilaging.illinois.gov/programs/caregiver.html

[davidvs 337]

3 minutes ago, Timona said:

Do you have siblings?

Honestly, I don't see this as succeeding. You're trying to use your dad's health to waive your wife's ban. I don't see any relation. USCIS will tell you to take him to a facility.

Like I said, this is the weakest argument and is just one bullet point of many. The relation is the extreme hardship to me if I had to leave my father while in his condition or have my wife and son go alone. 

3 minutes ago, Boiler said:

I always think of it as more of a packet. You can include but without support not something they will pay attention to.

 

Presumably you are aware of I 601a timelines, not that you are likely to have other options.

Yep, at this point, it's 3+ years... but it's 601a or nothing 

2 minutes ago, Crazy Cat said:

That is not true.  

Thank you. That's what I thought. 

[JeanneAdil 6,504]

8 minutes ago, Crazy Cat said:

That is not true.  

he's right

Doctor admission papers when he first sees a dr have to include a  person that can receive info if patient is unable (both for records and for payments)

[davidvs 337]

Just now, JeanneAdil said:

he's right

Doctor admission papers when he first sees a dr have to include a  person that can receive info if patient is unable (both for records and for payments)

My father and my mother (his POA) are the ones who requested it. The doctor will give them the medical records but is refusing to write a letter addressed to USCIS even though my father is requesting it (he has full mental faculties, just suffers from shaking and other physical symptoms) 

[Crazy Cat 41,846]

 

 

4 minutes ago, davidvs said:

The doctor will give them the medical records but is refusing to write a letter addressed to USCIS even though my father is requesting it (he has full mental faculties, just suffers from shaking and other physical symptoms) 

The doctor is wrong.  Your father can designate to whom a condition or  medical record is released.  What you have is a lazy doctor. 

Edited May 3, 2023 by Crazy Cat

[JeanneAdil 6,504]

9 minutes ago, davidvs said:

My father and my mother (his POA) are the ones who requested it. The doctor will give them the medical records but is refusing to write a letter addressed to USCIS even though my father is requesting it (he has full mental faculties, just suffers from shaking and other physical symptoms) 

i don't think u are allowed to release his medical records yourself to USCIS but you can do an affavit upon reading them and include when u started noticing the illness and took him to treatments (with dates) and any hospital or rehab stays  (with dates)

 

will this get u what u want from USCIS,   probably not there are hospice and rehab and senior living facilities to care for him and u spend a good deal of the weekend to help/u r not 24/7  with him

Edited May 3, 2023 by JeanneAdil

[Crazy Cat 41,846]

3 minutes ago, JeanneAdil said:

i don't think u are allowed to release his medical records

HIPAA does not apply to the OP.  The patient (father) can also release his own records to whomever he wishes. This doctor is just being stubborn or lazy.

Edited May 3, 2023 by Crazy Cat

[JeanneAdil 6,504]

Just now, Crazy Cat said:

HIPAA does not apply to the OP.  The patient (father) can also release his own records to whomever he wishes. 

if he is of sound mind

[Crazy Cat 41,846]

Just now, JeanneAdil said:

if he is of sound mind

In this case, the OP's father is of sound mind.  As I said, this is a lazy doctor.   Besides, the patient can still release his own medical records to whomever he wishes.