Overview

As an immigration lawyer, you often may need to obtain medical evidence in order to successfully represent your client in his or her immigration case.  Common case scenarios requiring (or enhanced by) clinical evidence include:

• medically-based visa extension applications
• asylum and withholding of removal cases
• domestic violence-based relief (VAWA, U visa interim relief,
  certain Petitions to Remove Conditions on Residence, etc.)
• Special Immigrant Juvenile Status petitions
• adjustment cases (waivers)
• naturalization proceedings (medical waivers supporting exemptions from English and civics tests)
• medically-based motions/requests for continuances

In the course of such cases, you might seek evidence in any combination of the following forms:

• medical records
• affidavits or letters
• forensic physical or mental evaluations
• live or telephonic testimony in Immigration Court proceedings
• I-601 (Application for Waiver of Grounds of Inadmissibility)
• I-693 and Vaccination Supplement (medical examinations in adjustment context; to be completed only by Designated Civil Surgeons)
• N-648 (Medical Certification for Disability Exceptions)

Doing one’s job as an immigration lawyer in these instances means interacting with medical professionals on behalf of the client.  While this may appear straightforward (and often is), occasionally immigration lawyers encounter difficulties in successfully communicating with health care providers, and thus in obtaining evidence crucial to the outcome of the legal case.  Immigration lawyers can best serve clients by approaching interactions with health care providers with a recognition that – while both lawyers and doctors have the patient’s best interests at heart – health care providers operate in a different professional arena than lawyers do, with unique pressures, constraints, and expectations.  Like any other dealings with third parties who hold valuable information about a client, communications with a client’s health care providers (whether they be treating physicians or forensic experts) should be preceded by careful consideration and preparation, and some degree of basic research.