Doctor giving me immigration woes
Ultimanecat
Registered User regular
Registered User regular
Hey all. As some may possibly remember, I'm beginning school at a university in Australia in early March. However, I should be there at least two weeks before that so that I can get my life in order somewhat in advance.
Now, for reasons that are extremely aggravating to me but will be witheld for brevity's sake, I didn't receive the materials to apply for my student visa until mid-December. I did so immediately, and was told that I would have to receive a physical examination and chest x-ray from one of about a half-dozen doctors in my area whom work directly with Australian immigration. The first one on the list I called told me that I could come in the next day, which was great for me, and so I did.
For the exam, I was weighed, asked my height, and asked if I had any health issues (I don't). The chest x-ray went off without a hitch either. For the pleasure of the doctor's company, I paid $240 US, plus $60 extra for them to expedite it and send it USPS International Express that same day (19 December). The office staff gave me a photocopy of the mailing label that I was told they would use so that I would have the tracking number.
Last week I received an email from my Australian immigration case officer telling me that they had not received my medical assessment yet, and if they did not receive it within the week they'd have to rule on my visa application without it (basically it will be instantly denied). I responded and said that I did everything I needed to, and sent along a scan of the photocopied mailing label given to me and a scan of the receipt the doctor gave me saying that my exam was a month ago. The case officer told me that the address on the mailing label was to the wrong processing center, but beyond that according to the USPS the tracking number on the label was never used.
The doctor's office is claiming ignorance in the whole matter and saying they did their part (despite the fact that the mailing label wasn't used). What is particularly exasperating is the fact that this visa application and doctor's visit cost me upwards of $600 with nothing to show for it, and it's going to cost me that again to reapply and get checked out again. Worse, I'm not sure I have enough time now to reapply anyway.
Anybody have any ideas about what to do next? I'm not looking forward to my options if I have to go to Australia without a visa and apply domestically.
Now, for reasons that are extremely aggravating to me but will be witheld for brevity's sake, I didn't receive the materials to apply for my student visa until mid-December. I did so immediately, and was told that I would have to receive a physical examination and chest x-ray from one of about a half-dozen doctors in my area whom work directly with Australian immigration. The first one on the list I called told me that I could come in the next day, which was great for me, and so I did.
For the exam, I was weighed, asked my height, and asked if I had any health issues (I don't). The chest x-ray went off without a hitch either. For the pleasure of the doctor's company, I paid $240 US, plus $60 extra for them to expedite it and send it USPS International Express that same day (19 December). The office staff gave me a photocopy of the mailing label that I was told they would use so that I would have the tracking number.
Last week I received an email from my Australian immigration case officer telling me that they had not received my medical assessment yet, and if they did not receive it within the week they'd have to rule on my visa application without it (basically it will be instantly denied). I responded and said that I did everything I needed to, and sent along a scan of the photocopied mailing label given to me and a scan of the receipt the doctor gave me saying that my exam was a month ago. The case officer told me that the address on the mailing label was to the wrong processing center, but beyond that according to the USPS the tracking number on the label was never used.
The doctor's office is claiming ignorance in the whole matter and saying they did their part (despite the fact that the mailing label wasn't used). What is particularly exasperating is the fact that this visa application and doctor's visit cost me upwards of $600 with nothing to show for it, and it's going to cost me that again to reapply and get checked out again. Worse, I'm not sure I have enough time now to reapply anyway.
Anybody have any ideas about what to do next? I'm not looking forward to my options if I have to go to Australia without a visa and apply domestically.
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When I was there, they even had a reality TV show about the immigration officers stopping people who didn't have visas or were bringing in things 'undeclared' when it should have been declared. No joke.
Ask the doctors office for the mailing label that was used, and worst case scenario, have them send off the results again.
Someone is dicking you about here and I would kick up a shitstorm till it gets sorted - complain to anyone you can get a hold of at the doctors until someone gets it sorted.
first of all i'd contact your new university, explain the situation, ask if there's anything you can do to get working ahead of the move. they may be able to provide you with detail for online access to lectures / course notes / readings. it's far from optimal, but you can't throw away the time and money you've invested in organizing this, especially since australia is awesome
then just reapply / resume your application. chase everything up, every day if you need to. depending on your uni semesters don't generally start until mid-late feb anyway, and not too much happens before the first break - around april - so you've got plenty of time to get it done before it becomes unrealistic.
alternatively you could defer your plans and start next semester, but i wouldn't do that unless you know it's going to be a long time before you can get your visa
if money's the biggest issue i'd hound the doctor you went to about resending your report, get an email from ups confirming the tracking number was never used and forward it to his office if you need to. you obviously don't have time to go to court over it but if it gets as far as that, vaguely waving the threat around might get you some results. there's no harm burning your bridges over it because if you have to do all the medical stuff out of your own pockets again, you certainly won't be going back there
The thing that concerns me about that is that Australian immigration wanted the actual x-ray prints, plus some color passport photos to go along with my app - neither of which I think the doctor can do again (I don't know about the x-ray prints, but they definitely don't have any more photos of me).
It's a three-day weekend for us in the USA, so I can't really yell at the doctor any more until Tuesday. My case officer never told me whether they were extending how long they would keep my app open.
In any case, it starting to look like my assessment is well and truly lost - and also that I'll probably have to go to Australia on a tourist's visa and apply locally while I live in a hostel or hotel (can't open any accounts or rent without a student visa). Probably going to cost me a few thousand dollars extra when all is said and done.
Any other ideas or suggestions for how to save time on my app or save money once I get there?
Which uni/city are you going to?
He's a professional, who has a working relationship with Australian immigration. You get to hold him to a professional standard, and his failure to meet that standard is costing you $1300 ($1000 more for your visa, the $300 you gave him for your physical exam... anything else?). Take his ass to small claims court.
Now, before you actually file suit, I would suggest calling him, and explaining this to him in a calm and polite manner. Given that he has a working relationship with the Australian government, maybe he can work something out that will get you in where you need to be. If he doesn't, all he needs to do to get you to go away is write you a check for $1300. Otherwise, court.
When I was on the phone, it seemed like the doctor just kept trying to stymie me so that they could brush it off.
Doctor says :"Give me the name of the person directly responsible for your application, I have all of their phone numbers right here and I'll call them."
Me: "His name is X, his position number is X, and he works at the Offshore Student Processing Center."
Doctor: "No, that won't work, that isn't the person I meant. I need the person responsible."
Me: "Well, here's the phone number for the guy who says he's responsible."
Doctor: "Get a FAX number and I can fax down your assessment again."
Me: "Here it is right here."
Doctor: "Hmm, well get ahold of them and ask them if they want it."
Me: "They do want it, that's why they emailed me, told me it was missing, and gave me 10 different ways to get another assessment down to them!"
Doctor: "I have to go, there's a patient waiting."
How the fuck did they get this job?!
Seriously, you got jerked around by this asshole, and you shouldn't let him get away with it.
Don't worry about not being able to find a house without a student visa, though - if you're in a shared arrangement with other people it takes weeks for the lease paperwork to get sorted even if you are going to go on the lease (you should, FYI). This is partly because students and orderly paperwork do not in my experience mix, and partly because rental agencies are staffed almost exclusively by complete morons. Just find an established sharehouse with a room free and move in. So long as the landlord gets their money and you don't set anything on fire, they could care less.
Additionally, AFAIK the rental places don't really give a shit what visa you're on, so long as you have sufficient ID (passport will do in most cases) and proof that you're not broke (bank statement). So long as you can access your offshore accounts, you should be fine.
I'm not even sure there is a good way to get into Australia now. I don't know if I can get approved for a basic tourist's visa with all of this stuff looming, and even if I do, it states pretty clearly that using it for purposes other than actually touristing is a no-no.
I'm going to be righteously pissed if after all of this hard work, loan paperwork, and miscellaneous other preparations, I get dicked over by a douchebag doctor.
edit: Oh yeah, I will be calling the doctor again later on today...and likely driving down there tomorrow.
Right now my plan is to confront the doctor on the phone (he is a couple hours away through some of the most obscene city driving and centrally located in a near-ghetto), see if I can get anything else useful out of him, and then reschedule another exam with another doctor ASAP. If I can get another assessment down to them within a week or two, I may be able to squeak out a visa in time for the beginning of classes.
Document all this. Write it all down now. Save all of the bills.
When do you next get back to the states? Talk to your local small claims court clerk, see if you can get a trial scheduled for then. Seriously, not suing this asshole would make him think he can get away with this shit without penalty. Don't just sue him for you, sue him for the next guy that's going to have to go through this shit.
Don't psych yourself out of not going to see him; you need to do it.
And don't worry about missing O week, if it comes to that. Nothing much happens then.
This guys needs his ass handed to him.
Actually, Than, if we're talking xray images with the patient's name noted on them, that's personal health information. That alone potentially makes this an unauthorized release of PHI, which means HIPAA kicks in, meaning the fine goes from $1300 to $25K.
Edit: Yes, I would seriously think about speaking with a lawyer who specializes in HIPAA. There are a few laws that can put the fear of god into a doctor - HIPAA is one of them.
I was then put on hold, and after waiting a minute I was told that Australian immigration had my assessment. The doctor knew this because they have a special designated medical practitioner hotline down to Australia, and that's what was told to them - and no, I could not get the number to check myself since I'm not a doctor and they wouldn't talk to me anyway. Not their fault, nothing more they can do, I have to chase it down myself from here on out.
By the way, there is no record of any of this through any channel which I have access to (Australian immigration website, my visa status page, calling the Australian embassy in DC...)
So, yes, this doctor is a fucking crook and I am nearly blind with rage / anxiety right now.
I now have to make a decision: I scheduled an appointment with another doctor for a new examination next Monday, and if I'm lucky it'll get down there and processed in time for me to buy a ticket and get down there for classes. If it doesn't though, I'm boned.
I could also cancel this current student visa application, get a quick tourist visa (I can't get the latter without cancelling the former), buy a ticket out of here in the next week or two, and then apply for my student visa from within Australia. Only problem here is that I will be entering Australia under false pretenses, and pretty transparently so, and that could affect whether they actually give me the visa once I apply for it.
I'm about ready to go insane.
i'd recommend you take this "doctor" to small claims court (assuming you're in the US), but i'm also guessing you don't have the extra time to do this. but there's honestly no excuse for this doctor to have represented himself in this manner to you. it's fraud, plain and simple.
steam | Dokkan: 868846562
Unauthorized release of PHI by misaddressing the package (assuming he even sent it)? That seems like a stretch.
OP: Make sure you document everything. Keep any recepits and any documents you get from your doctor. How did you pay? If check, get a copy of the endorsed check from the bank. If credit card, hold on to a copy of your statement. Keep a journal marking down every phone conversation or visit with him.
Find out what the statute of limitations for breach of contract in California. For breach of contract he is going to be liable to you for any additional costs you incur to try to get your visa (of course, you can't artificially inflate them). If you have to go to another doctor for another assessment, if you have to pay fees to reapply for your visa, if you have to pay a fee to reschedule your flight reservation, he's potentially liable for all of it.
Find a local legal aid society. They'll be able to help you more effectively than we can. Figure out what the statute on limitations for breach of contract is in CA. I think it's 4 years for a written contract in CA but speak to a CA lawyer to be sure.
Finally, go see the doctor in person. Make it clear you know you are being jerked around and that if the issue isn't resolved you will take legal action. Be cordial, but be firm.
Don't do this. when you get right down to it, this is a first-year undergrad course you're entering. I guarantee that you'll be fine even if you don't get there until Week 2 of semester, so long as you keep up your studying. You won't even remember most of it 5 years down the track anyway :P
persist with this application, get a lawyer on to the other guy, and do what I said before. Make sure immigration know exactly what's been happening.
Go to the new doctor, get your shit done. Make sure you document all costs incurred because of this shitheel, including the costs of the new physical.
Is there anyway you can fax them down there? I mean, just show up, ask for your records and say if they give them to you and they're the right records that you probably won't sue them. Then just fax it yourself.
What I would really love is a phone number to get ahold of the visa processing centre that I can use here in America so I can fully explain exactly what is going on; unfortunately the only number I can find doesn't work outside of Australia.
Not really. HIPAA has teeth, and lots of them - a doctor's office not securing a wireless network properly can be grounds for a HIPAA lawsuit. I've heard of a case where a hospital had accidentally sent forms containing PHI to the wrong people because their sorter was sticking - that was legitimate grounds under HIPAA.
I kinda wish I got it one day earlier, since I went to another doctor and got another physical yesterday for this. Oh well, at least it's over.
Thanks for the help guys.