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Procedural fairness letter - medical grounds - need advice for lawyers

humber05

Newbie
Aug 20, 2015
8
2
Hi,

I sponsored my parents in PGP program in Jan 2015 and my father received a procedural fairness letter last week on medical grounds. He has chronic kidney disease 4, diabetes and heart condition which has been stable with medications.
Can someone please help in guiding how to respond to the fairness letter or recommend good immigration lawyers who have dealt with similar cases in the past.

Thanks so much.
 

lovemyparents

Newbie
Aug 17, 2018
9
0
I have heard good things about https://www.bellissimolawgroup.com/medical-inadmissibility/

They have got good reviews.

My father is in the same boat, he has CKD 4 and only after IME it was realized that he need to go through angiography, as a result of which a stent was put in his heart, but that procedure resulted in the spike in his creatinine level, due to which the doctor's had to do dialysis. I haven't received the Fairness letter yet but I am sure It will be on its way.
 

canuck78

VIP Member
Jun 18, 2017
55,400
13,452
Hi,

I sponsored my parents in PGP program in Jan 2015 and my father received a procedural fairness letter last week on medical grounds. He has chronic kidney disease 4, diabetes and heart condition which has been stable with medications.
Can someone please help in guiding how to respond to the fairness letter or recommend good immigration lawyers who have dealt with similar cases in the past.

Thanks so much.
Would recommend you get a lawyer. Does he require dialysis yet? Dialysis, potential kidney transplant, the cost of his diabetes treatment (especially if he requires insulin or it is not well controlled) will be the big issues. You haven't specified what kind of cardiac issues. You are basically being refused unless you can prove that your father will not be a drain on the Canadian healthcare system. Advanced kidney disease is likely the #1 concern.
 

humber05

Newbie
Aug 20, 2015
8
2
I have heard good things about https://www.bellissimolawgroup.com/medical-inadmissibility/

They have got good reviews.

My father is in the same boat, he has CKD 4 and only after IME it was realized that he need to go through angiography, as a result of which a stent was put in his heart, but that procedure resulted in the spike in his creatinine level, due to which the doctor's had to do dialysis. I haven't received the Fairness letter yet but I am sure It will be on its way.


Thank you so much. Yes
 

humber05

Newbie
Aug 20, 2015
8
2
Would recommend you get a lawyer. Does he require dialysis yet? Dialysis, potential kidney transplant, the cost of his diabetes treatment (especially if he requires insulin or it is not well controlled) will be the big issues. You haven't specified what kind of cardiac issues. You are basically being refused unless you can prove that your father will not be a drain on the Canadian healthcare system. Advanced kidney disease is likely the #1 concern.

Thank you. No dialysis yet.
 

jbhkaur

Hero Member
Aug 2, 2015
316
25
Hi,

I sponsored my parents in PGP program in Jan 2015 and my father received a procedural fairness letter last week on medical grounds. He has chronic kidney disease 4, diabetes and heart condition which has been stable with medications.
Can someone please help in guiding how to respond to the fairness letter or recommend good immigration lawyers who have dealt with similar cases in the past.

Thanks so much.
Hi,

How did your application go, please reply
 

jbhkaur

Hero Member
Aug 2, 2015
316
25
We are in touch with Bellissimo law group to prepare a response to the letter. We asked for an extension to respond and it was granted.
Thanks for replying

Do you mind if I ask how much they charged you for your application please

And also your parents are here in Canada or they are back home?
 

minsky

Hero Member
May 19, 2010
285
29
Edmonton
Visa Office......
From inside canada
App. Filed.......
August 8 , 2014
Doc's Request.
July 2, 2015 (T4 & NOA 2014)
AOR Received.
October 30, 2014
Med's Request
Feb. 4, 2016
Med's Done....
Feb. 9, 2016
Interview........
RPRF : March 3, 2016
LANDED..........
April 20, 2016
hi we are in the same boat also, just recently did the test cic required for my father got the result
creatinine is lower than the last test it's 2.21 now last time it's 2.5 and also he is CKD4.

Do you mind sharing what happen to your applications?

Thanks so much
 

scylla

VIP Member
Jun 8, 2010
95,745
22,039
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
hi we are in the same boat also, just recently did the test cic required for my father got the result
creatinine is lower than the last test it's 2.21 now last time it's 2.5 and also he is CKD4.

Do you mind sharing what happen to your applications?

Thanks so much
Review the responses above. OP hasn't submitted a response yet to the fairness letter - so no outcome is available yet for the application. OP has engaged a lawyer and requested an extension for the response. It will most likely be many months before the OP knows the outcome.
 

minsky

Hero Member
May 19, 2010
285
29
Edmonton
Visa Office......
From inside canada
App. Filed.......
August 8 , 2014
Doc's Request.
July 2, 2015 (T4 & NOA 2014)
AOR Received.
October 30, 2014
Med's Request
Feb. 4, 2016
Med's Done....
Feb. 9, 2016
Interview........
RPRF : March 3, 2016
LANDED..........
April 20, 2016
Just now the medicentre called me to do again additional test for my father, CIC wants my father to do another creatinine test on mid December
i hope everything will be alright after this :)
 
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jbhkaur

Hero Member
Aug 2, 2015
316
25
Review the responses above. OP hasn't submitted a response yet to the fairness letter - so no outcome is available yet for the application. OP has engaged a lawyer and requested an extension for the response. It will most likely be many months before the OP knows the outcome.
Hi Scylla or senior members,

Can you please give your opinion on our case.

We are 2017 sponsorship case. Parents here on visitor visa. Dad has long standing diabetes and kidney disease because of diabetes. Ckd4. Also has heart disease. Got medical done in May 2018, then got furtherance to repeat creatinine and some other tests and then furtherance again to repeat tests.

Creatinine every time came back improved then it was.

I called cic to know the status of our file. Agent said she can see written in our application that procedural fairness letter needs to be sent and she said she will write message to immigration office as to look into the application.

I asked about if they received results from last test my dad had done, she said she not able to see any furtherance letter or any results other than original medical. She said there’s no mention that they even sent furtherance letter and not able to see results also.

Two days after that we got procedural fairness letter.

Now I feel that we got procedural fairness only because I called and that reminded them to send procedural fairness.

And also I wonder why would they send furtherance request for tests if they not even considering results or looking at results of repeated tests. In the letter that I got they mention about the results from original medical. They are not considering the repeat tests, then why did they send request for medical furtherance if they not bothered about results.

Now we have to reply to the letter.

Any suggestions please
 

canuck78

VIP Member
Jun 18, 2017
55,400
13,452
Hi Scylla or senior members,

Can you please give your opinion on our case.

We are 2017 sponsorship case. Parents here on visitor visa. Dad has long standing diabetes and kidney disease because of diabetes. Ckd4. Also has heart disease. Got medical done in May 2018, then got furtherance to repeat creatinine and some other tests and then furtherance again to repeat tests.

Creatinine every time came back improved then it was.

I called cic to know the status of our file. Agent said she can see written in our application that procedural fairness letter needs to be sent and she said she will write message to immigration office as to look into the application.

I asked about if they received results from last test my dad had done, she said she not able to see any furtherance letter or any results other than original medical. She said there’s no mention that they even sent furtherance letter and not able to see results also.

Two days after that we got procedural fairness letter.

Now I feel that we got procedural fairness only because I called and that reminded them to send procedural fairness.

And also I wonder why would they send furtherance request for tests if they not even considering results or looking at results of repeated tests. In the letter that I got they mention about the results from original medical. They are not considering the repeat tests, then why did they send request for medical furtherance if they not bothered about results.

Now we have to reply to the letter.

Any suggestions please
Unfortunately advanced kidney disease plus his other health issues could be grounds for medical inadmissibility alone. You can definitely mention the repeat testing in your response letter. The major concern is his need or potential need for dialysis. Not sure about whether he requires insulin but the cost of insulin and diabetic supplies is also quite high. A small infection could require months of wound care. Don't think it was only your call the lead to a procedural fairness letter. I would hire a lawyer who is experienced in fighting medical inadmissibility if you want a chance at your parents getting PR.
 

jbhkaur

Hero Member
Aug 2, 2015
316
25
Unfortunately advanced kidney disease plus his other health issues could be grounds for medical inadmissibility alone. You can definitely mention the repeat testing in your response letter. The major concern is his need or potential need for dialysis. Not sure about whether he requires insulin but the cost of insulin and diabetic supplies is also quite high. A small infection could require months of wound care. Don't think it was only your call the lead to a procedural fairness letter. I would hire a lawyer who is experienced in fighting medical inadmissibility if you want a chance at your parents getting PR.
Hi,

Thanks for replying. His diabetes is perfectly under control even on insulin and even his creatinine is in this range since last 8 years. In letter they only talked about kidneys and want explanation about kidneys.

I understand what you are saying.

I will hire a lawyer soon.

I don’t know why but for some reason I feel guilty and Think that my phone call is the reason for the letter, my call was like a reminder for them.

They also have visitor extension in process and they got procedural fairness in July and for that we replied on our own I mean without lawyer but still waiting for response on that