INTERPRETER FOR MEDICAL EXAMINATION / FORM SIGNATURE

[EstambulPR 16]

Ok, I searched for this particular question and could not find it here.

 

I scheduled the medical examination for my spouse and the civil surgeon's office says that they do NOT provide an interpreter. I know this is in violation of The Civil Rights Act of 1964 and Executive Order 13166, and Title II of American for Disabilities Act. Before I call them out on this and create an unfriendly environment pre-visit, I need to ask the group the following:

 

1. Even if the civil surgeon provides an interpreter,  it would be a remote over-the-phone session BUT form I-693  instructions state that the interpreter must sign and date the form. How can a remote interpreter sign the form? I did get two quotes for $260/hour and another for $100/hr. but if they cannot sign the form and USCIS will reject it, why bother?

 

2. If i were to find an interpreter to come in person, would he/she need to be inside the room? I have read that some doctors check breast, genitals, etc. Sounds a little uncomfortable.

 

3. Assuming my spouse can't produce vaccination records, which vaccines will she be required to get?

I was told TDAP/MMR/VARICELLA/HEP B/FLU/COVID, but want to confirm.

 

4. How long did you all wait for lab /x ray results before picking up the sealed copy?

 

Thanks so much for your help.

 

 

[appleblossom 1,310]

You'll certainly be able to pay for and take your own interpreter if you wish, I don't think there's any right to have one provided for free by the doctors office. There's no requirement for genitals to be examined these days, but if your spouse is in the US with you, then can you not accompany her and act as interpreter? I'd imagine she'd be more comfortable with your presence than a strangers. 

 

For vaccines, the info you need is here - https://www.uscis.gov/tools/designated-civil-surgeons/vaccination-requirements

 

And most doctors send the records electronically these days.

 

Good luck.

Edited January 9 by appleblossom

[EstambulPR 16]

29 minutes ago, appleblossom said:

You'll certainly be able to pay for and take your own interpreter if you wish, I don't think there's any right to have one provided for free by the doctors office. There's no requirement for genitals to be examined these days, but if your spouse is in the US with you, then can you not accompany her and act as interpreter? I'd imagine she'd be more comfortable with your presence than a strangers. 

 

For vaccines, the info you need is here - https://www.uscis.gov/tools/designated-civil-surgeons/vaccination-requirements

 

And most doctors send the records electronically these days.

 

Good luck.

Thanks for your quick response. I will pay for an interpreter if necessary, but the issue is the wet signature required on the form. How to accomplish that task with a remote interpreter?

 

Yes I will be present with her, but my Turkish is elementary at best and I will have to rely on Google translate too much, and I'm afraid the MD will call foul. I will translate the form for her to have on hand during the interview.

 

I have read a couple of reviews here where doctors overseas and in CONUS did ask to check genitals to verify gender. I chose a female doctor specifically... Nowadays with the dozens of new genders and "...I identify as..." movement, I feel sorry for these MDs. =0)

 

Just for the sake of argument, I found the following laws and regs stating that any hospital, HMO, doctor, etc receiving federal funding (basically 99% of health care organizations receive Medicare and Medicaid funding, so they qualify) have an obligation to provide interpreters AND translators for patients and CANNOT require the patient to produce one. Even more so, ACA Section 1557 specifically prohibits family members from acting as interpreters.

 

Title III of the Americans with Disabilities Act prohibits discrimination against individuals with disabilities by places of public accommodation. 42 U.S.C. Š 12181
- Š 12189. Private health care providers are considered places of public accommodation. The Department of Justice has issued regulations for the obligations of public accommodations under Title III at 28 C.F.R. Part 36. The
Department's Analysis to this regulation is at 56 Fed. Reg. 35544 et seq. (July 26,
1991).

 

https://cmelearning.com/new-2016-aca-rules-significantly-affect-the-law-of-language-access/

 

"Hospitals, health plans, clinics, nursing homes, physicians and other providers must offer “qualified interpreters” to Limited English Proficient patients. The major problem in the language access field is that too often, providers attempt to “get by” without the use of trained interpreters when treating LEP patients. Despite a strong consensus in the academic and research communities about the quality and safety risks of using untrained bilingual staff, adult family members and friends and minor children as interpreters, even today a majority of providers throughout the U.S. continue to use untrained interpreters even when qualified interpreters are readily available in person or remotely via telephone or video remote devices."

 

"The final rule makes it illegal to require an individual with limited English proficiency to provide his or her own interpreter during medical encounters. Further, while LEP patient are not required to accept (free) language access resources offered by providers, it is illegal for providers to “coerce individuals to decline language assistance services."

 

"The final rule prohibits the use of adult family members and friends as medical interpreters. However, the final regulations allow two exceptions to this general rule. First, adult family members and friends may be used as medical interpreters in an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no qualified interpreter is immediately available. (Note: since most leading national telephonic and video remote interpreting companies can make qualified interpreters available in hundreds of languages within seconds, this exception should be regarded as limited.) Second, adult family members and friends may be used as medical interpreters where the LEP person “specifically requests that the accompanying adult interpret or facilitate communication and the accompanying adult agrees to provide such assistance.” However, the rule makes plain that providers are not relieved of their legal duty to provide a qualified medical interpreter where an LEP patient elects to use an adult family member or friend since even then, “reliance on that adult [family member or friend must be] appropriate under the circumstances.”

 

Thanks a bunch.

[Verrou 1,899]

just to be clear because u write i-693 but u post on consular processing group, where is ur wife gonna do her medical? inside US or outside US?  i can say for inside US, there's no genital, breast check etc since this is not ob-gyn annual check up, and for south east asia countries, there's never happened either. that's will be discriminatory if woman have to endure that check while man didnt. i cant say much about CONUS. 

 

as in you bringing up the violation subject about hospital have the provide translator, is it US hospital or outside US?  i assume it's US hospital since u brought US law on it.  i work in the US hospital at the moment so i know a a bit about translator situation. many interpreter available in my hospital are indeed on call ( [phone) and not in person. there's no way hospitals hiring full time interpreter to cater all language in person. for my language, if it's the case, they wont have anything to do since i never met single indonesian in the past 3.5 years i live in my state. 

 

if you dont like that hospital because u think they violate the law, why dont u :

1. bring ur own translator OR

2. find another place to do medical ( again my assumption this is medical inside the US, i know outside US the option is limited). for example in NYC there's more than 100 surgeon available. 

 

there's many people who did AOS inside US and cant speak english at all, have no issue getting their medical and submitted to USCIS and then get their GC. most of the time they are accompany by their family member during doctor visit to help the language barrier. if u said ur turkish is basic, then how u speak with ur wife? i assume english ? i think u over thinking this situation. 

 

 

Edited January 9 by Verrou

[Timona 3,943]

I'm juat here to say you don't need an interpreter. You're blowing hot for absolutely no reason. 

 

Regardless of where you do the test (US/ outside US) you can choose a location with a doctor of the gender that you prefer. If it's outside US, I'm sure the doctor there speaks Turkish. If inside US, it's a physical exam. I did it in US. The only time I lowered my trousers was when the doctor required urine, IIRC. And to do that, I went to a restroom myself. None followed me. 

 

Lastly, regardless of whether your wife speaks or doesn't speak the language, a translator isn't needed. It's a directory examination i.e doctor can guide you using signs. It's not written. 

[EstambulPR 16]

3 minutes ago, Verrou said:

just to be clear because u write i-693 but u post on consular processing group, where is ur wife gonna do her medical? inside US or outside US?  i can say for inside US, there's no genital, breast check etc since this is not ob-gyn annual check up, and for south east asia countries, there's never happened either. that's will be discriminatory if woman have to endure that check while man didnt. i cant say much about CONUS. 

 

as in you bringing up the violation subject about hospital have the provide translator, is it US hospital or outside US?  i assume it's US hospital since u brought US law on it.  i work in the US hospital at the moment so i know a a bit about translator situation. many interpreter available in my hospital are indeed on call ( [phone) and not in person. there's no way hospitals hiring full time interpreter to cater all language in person. for my language, if it's the case, they wont have anything to do since i never met single indonesian in the past 3.5 years i live in my state. 

 

if you dont like that hospital because u think they violate the law, why dont u :

1. bring ur own translator OR

2. find another place to do medical ( again my assumption this is medical inside the US, i know outside US the option is limited). for example in NYC there's more than 100 surgeon available. 

 

there's many people who did AOS inside US and cant speak english at all, have no issue getting their medical and submitted to USCIS and then get their GC. most of the time they are accompany by their family member during doctor visit to help the language barrier. if u said ur turkish is basic, then how u speak with ur wife? i assume english ? i think u over thinking this situation. 

 

 

Overthinking? Me? Nahhh. :0). Thanks for the thorough answer. Yes, were doing AOS (need to update my profile) and we are seeing a Civil Surgeon. We communicate in combination of english/turkish and google translate when impatience starts building. 😂

 

I did find a different civil surgeon that speaks turkish but has no openings until 3 weeks from now. I think we may wait to make sure we get this right the first time.

 

cheers.

 

I guess I'll see what happens during the exam.

[EstambulPR 16]

2 minutes ago, Timona said:

I'm juat here to say you don't need an interpreter. You're blowing hot for absolutely no reason. 

 

Regardless of where you do the test (US/ outside US) you can choose a location with a doctor of the gender that you prefer. If it's outside US, I'm sure the doctor there speaks Turkish. If inside US, it's a physical exam. I did it in US. The only time I lowered my trousers was when the doctor required urine, IIRC. And to do that, I went to a restroom myself. None followed me. 

 

Lastly, regardless of whether your wife speaks or doesn't speak the language, a translator isn't needed. It's a directory examination i.e doctor can guide you using signs. It's not written. 

wow. that is a relief. yeah i tend to overthink a little. 🤐 So if I go in with her then I will sign as preparer and not interpreter. (overthinking again!) aghhh

[Timona 3,943]

I see you're doing AOS. 

 

You don't sign anything. The I-693 will be prepared by the doctor and their assistant. All your wife is required to do is show up and take the test. 10 mins max and she's out. She (wife) will sign the form, NOT YOU.  

 

You can accompany her if you want. But your presence isn't required. It's a very simple process. 

 

Good luck. I'm out

 

[Timona 3,943]

P.S: Don't overcomplicate this simple form by trying to add yourself as an interpreter. 

[EstambulPR 16]

Just now, Timona said:

I see you're doing AOS. 

 

You don't sign anything. The I-693 will be prepared by the doctor and their assistant. All your wife is required to do is show up and take the test. 10 mins max and she's out. She (wife) will sign the form, NOT YOU.  

 

You can accompany her if you want. But your presence isn't required. It's a very simple process. 

 

Good luck. I'm out

 

Makes sense. All these instructions make it sound like if you sneeze the wrong way they'll disapprove. Thanks again.

[Verrou 1,899]

ur wife its not the first immigrant non english speaker patient that they handle for immigration purposes medical 

 

just please dont brought that violation thing subject up to the hospital. what do u want to gain here? 

 

i dont know about ur wife, but i ( the immigrant) just want to get the medical... period. if i dont like them for some reason, i will bring the business somewhere else. there's no shortage of civil surgeons  here in the US

[Ontarkie 13,918]

~~Moved to AOS from Work, Student and Tourist Visas, form IR1/CR1 P&P - The OP's wife is inside the US~~

[EstambulPR 16]

3 minutes ago, Verrou said:

ur wife its not the first immigrant non english speaker patient that they handle for immigration purposes medical 

 

just please dont brought that violation thing subject up to the hospital. what do u want to gain here? 

 

i dont know about ur wife, but i ( the immigrant) just want to get the medical... period. if i dont like them for some reason, i will bring the business somewhere else. there's no shortage of civil surgeons  here in the US

Oh I don't plan to ruffle any feathers. It is clearly another unfunded federal mandate which hardly anyone is capable of complying with. And yes, I looked around and found another surgeon that speaks her language. Thanks a bunch.

[SalishSea 16,781]

8 hours ago, EstambulPR said:

Oh I don't plan to ruffle any feathers. It is clearly another unfunded federal mandate which hardly anyone is capable of complying with. And yes, I looked around and found another surgeon that speaks her language. Thanks a bunch.

Unfunded federal mandate?  Yeah, I don’t think anyone is going to want to subsidize physician exam fees for immigrants.

[EstambulPR 16]

6 hours ago, SalishSea said:

Unfunded federal mandate?  Yeah, I don’t think anyone is going to want to subsidize physician exam fees for immigrants.

I hear you...And I realize we are discussing *unfunded* mandates but in reality for decades, the USG has been funding non-profits to provide all kids of services to immigrants. Right now, billions of tax dollars go to religious institutions, NGOs and others to house, feed , transport, provide medical care, and legal services to immigrants (mostly to illegals).  https://www.dhs.gov/news/2023/08/21/dhs-announces-distribution-more-77-million-congressional-funding-communities

 

And how unfunded federal mandates overwhelm states: https://cis.org/Richwine/States-Must-Pay-Health-and-Education-Benefits-Illegal-Immigrant-Families

 

Cheers,