601A Evidence Question

[JeanneAdil 6,498]

any dr can write the letter

even his GP

[Family 3,988]

1 hour ago, davidvs said:

This is one of our weakest arguments anyway

It’s a very good argument and will be given weight .

Tell the doctor to address letter To Whom It May Concern , list his medical conditions and prescribed medications.

You can then make a copy of his meds , add a few medical records and have mom write a letter in support. Mom can  describe the indispensable help your wife is to them and to you ..like driving to medical appointments or emergency care, picking up prescriptions, helping with household chores , meals etc. 

[SteveInBostonI130 3,434]

1 hour 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) 

 

1 hour ago, Crazy Cat said:

 

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

 

Not necessarily.  From what the OP wrote, the doctor will release the records, but he/she will not write a letter to USCIS stating that the OP and his wife is required to take care of him.  Who provides the care is not the doctor's power to dictate - the doctor just states the patient's conditions.

[Crazy Cat 41,845]

13 minutes ago, SteveInBostonI130 said:

Who provides the care is not the doctor's power to dictate - the doctor just states the patient's conditions.

My point was that it is NOT a violation of HIPAA for the doctor to write the letter about the father's condition.  The doctor is either ignorant of HIPAA or lazy.

Edited May 3, 2023 by Crazy Cat

[davidvs 337]

17 minutes ago, SteveInBostonI130 said:

 

 

Not necessarily.  From what the OP wrote, the doctor will release the records, but he/she will not write a letter to USCIS stating that the OP and his wife is required to take care of him.  Who provides the care is not the doctor's power to dictate - the doctor just states the patient's conditions.

I did not say we requested the letter to state that I or my wife is required to take care of him. I said we requested a letter stating his diagnosis.

[SalishSea 17,827]

13 hours ago, JeanneAdil said:

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

None of that is needed.  The father can request his own medical records, or can sign a waiver to give permission for them to be released to a family member.   We do it all the time.

[JeanneAdil 6,498]

8 hours ago, SalishSea said:

None of that is needed.  The father can request his own medical records, or can sign a waiver to give permission for them to be released to a family member.   We do it all the time.

wife has POA

[SalishSea 17,827]

3 hours ago, JeanneAdil said:

wife has POA

So?   OP said the father is still alert and oriented.   He is an adult and can request his own medical records, or request the records be released to OP.

 

POA doesn’t trump self-determination of able adults when it comes to health care.

[Pete555 0]

On 5/3/2023 at 11:39 PM, 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).

Is the inabilty to speak the foreign language a significant argument? That's the case with me in Korea, where my wife and I live while we are preparing an I-601 waiver package. I have some other, smaller arguments but the main one is that I do not speak any Korean and it is very difficult to live in Korea instead of the US. Does a waiver based on that have a realistic chance of being approved?

[davidvs 337]

1 hour ago, Pete555 said:

Is the inabilty to speak the foreign language a significant argument? That's the case with me in Korea, where my wife and I live while we are preparing an I-601 waiver package. I have some other, smaller arguments but the main one is that I do not speak any Korean and it is very difficult to live in Korea instead of the US. Does a waiver based on that have a realistic chance of being approved?

Yes, inability to speak the language should be a strong argument when combined with other evidence.  The fact that you ARE living there currently does take away from the argument though. I assume you are not able to work locally due to the language barrier. This would aide in proving extreme hardship to financially support the family. 

 

In my case, local professional certifications/standards (accounting and finance) as well as language barrier would prevent me from working in Thailand, and time difference would prevent me from being able to work remotely for an American company.

 

When you are putting together your arguments try to follow the logical steps in building a case for extreme hardship. Although the vast majority of waivers (assuming yours is for previous overstay) are approved if they are well thought out and well written, I do not think a 601/601a should be done DIY.

 

1 hour ago, Pete555 said:

Is the inabilty to speak the foreign language a significant argument? That's the case with me in Korea, where my wife and I live while we are preparing an I-601 waiver package. I have some other, smaller arguments but the main one is that I do not speak any Korean and it is very difficult to live in Korea instead of the US. Does a waiver based on that have a realistic chance of being approved?

Feel free to contact me if you need some help with anything. Good luck in your journey.

[Boiler 45,486]

Inability to learn the language not speak the language.

[Pete555 0]

23 minutes ago, Boiler said:

Inability to learn the language not speak the language.

It's a good point. I should have phrased it that way. I have tried to learn but haven't learned more than some basic words. Korean is far different than English. Even when I learn a word or phrase, I cannot pronounce it correctly.

 

Thanks.

[davidvs 337]

1 hour ago, Boiler said:

Inability to learn the language not speak the language.

Excellent point. Phrasing an argument in the precise way is very important when completing a waiver app.