Anybody familar with the Medical waiver process

[Dirtrider]

Our problem is that my fiancée has been wrongfully diagnosed with a history of a mental disorder because of a small scar on the side of her wrist. It's a long story but it was an accident and she was given a mental evaluation because of this scar. We thought all was good but when my fiancée went to her interview she was told that she has a history of a mental disorder. She denied it because it's just not true but the counselor said that is the finding of the medical but he was going to send her medical to the Center of disease control for an advisory. My fiancée also thinks she signed something that said WAIVER on it.

I flew to Manila to see if I could do anything about this problem. I got in to the embassy and was able to talk to one the windows about the case. He told me that the case was sent to the CDC. He also told me the problem is that my fiancée slashed her wrist. When I heard that I grabbed my fiancées hand a put her wrist to the window and said does this look like a slashed wrist. He shook his head no and said I don't know what to tell you but you have to wait for the advisory. I also asked if there was any more proof besides the medical report. He said no only that. He told me this could come back approved or a waiver.

I have confirmed that the medical is at the CDC and I also had one of operators at the DSO tell me that there was an I-601 sent with it too. So that brings up a couple questions....why would they send an I-601? Dont I have to fill that out and why would they have my fiancée sign a Waiver? Like I said before when she was at her interview she thought she signed something that said waiver.

I have been trying to find info on medical waiver just incase we get one but im not finding much. I can find allot on criminal or overstays. I have found little on medical but from what I have read medical waiver are more about treatment then hardship. I did find an HIV case that was approved and they didn't even include a hardship letter. So im here trying to find out anything I can in the case of Medical waivers. Can somebody help or at least explain what is going on or how medical waiver work??
Thanks

[Dirtrider]

Our problem is that my fiancée has been wrongfully diagnosed with a history of a mental disorder because of a small scar on the side of her wrist. It's a long story but it was an accident and she was given a mental evaluation because of this scar. We thought all was good but when my fiancée went to her interview she was told that she has a history of a mental disorder. She denied it because it's just not true but the counselor said that is the finding of the medical but he was going to send her medical to the Center of disease control for an advisory. My fiancée also thinks she signed something that said WAIVER on it.

I flew to Manila to see if I could do anything about this problem. I got in to the embassy and was able to talk to one the windows about the case. He told me that the case was sent to the CDC. He also told me the problem is that my fiancée slashed her wrist. When I heard that I grabbed my fiancées hand a put her wrist to the window and said does this look like a slashed wrist. He shook his head no and said I don't know what to tell you but you have to wait for the advisory. I also asked if there was any more proof besides the medical report. He said no only that. He told me this could come back approved or a waiver.

I have confirmed that the medical is at the CDC and I also had one of operators at the DSO tell me that there was an I-601 sent with it too. So that brings up a couple questions....why would they send an I-601? Dont I have to fill that out and why would they have my fiancée sign a Waiver? Like I said before when she was at her interview she thought she signed something that said waiver.

I have been trying to find info on medical waiver just incase we get one but im not finding much. I can find allot on criminal or overstays. I have found little on medical but from what I have read medical waiver are more about treatment then hardship. I did find an HIV case that was approved and they didn't even include a hardship letter. So im here trying to find out anything I can in the case of Medical waivers. Can somebody help or at least explain what is going on or how medical waiver work??
Thanks

[Engaged]

are you sure your wife was not diagnosed with anything else? I mean the CDC handles Infectious Diseases not mental disorders..You better double check ...maybe they found something on her that you are not aware of? Maybe the bird flu or something...make sure....because I have no clue why the CDC would be involved if they think she has a mental disorder thats not their field of expertise....Center For Disease Control...not mental disorders control...

[Dirtrider]

Yes im very sure and the CDC handles health waivers. Im pretty sure Mental health is considered a disease.

I also found a similar case that dealt with the same issue and it was at Manila too. This case was denied by the ground rules set by the CDC. I was also told that our case was sent there. I know also that CDC is reasonable for making
recommandations on medical waivers.

There were no other issues with her health only this mental health thing.

[Engaged]

they are considered disorders not diseases....

[Dirtrider]

Ok i believe you but I still think the CDC is involved. Here is something I pulled for the USCIS to back me up in saying it went to the CDC.

What happens if I have a physical or mental disorder with associated harmful behavior?
If you have a physical or mental condition with associated harmful behavior, you may still be eligible for adjustment of status. You may apply for a waiver according to the terms and conditions established by USCIS, in consultation with the CDC. If you are applying for adjustment of status in the United States, you must file Form I-601, Application for Waiver of Grounds of Excludability, including fee payment, with the USCIS office considering your adjustment of status application. If you are applying for an immigrant visa at a U.S. Consular post abroad, you must submit your waiver application to the Consular post that is considering your immigrant visa application. The Consular post will send your waiver application to the overseas USCIS office in that jurisdiction for a decision. If you are applying for admission as a refugee, or for adjustment of status 1 year following your initial admission as a refugee or the grant of asylum, you may be granted a waiver for humanitarian reasons, to assure family unity, or when it is otherwise in the public interest. You must file Form I-602, Application by Refugee for Waiver of Ground of Excludability, but you are not required to pay a fee.

[dragonlady]

This is interesting. In most cases across the world, one needs a psychiatrist to diagnose mental disorders according to the American DSM IV (revised) or the Eureopean Diagnostic Manual. Sometimes - very rarely - a Ph. D. psychologist can diagnose - but it must be according ot the diagnostic criteria. Inorder to qualify for a bona fide mental disorder, on must fit at least1 of the five AXIS diagnosis. For there to be a history of mental illness, there must have been at least one hospitalization (preferably in a mental ward) or psychiatric visits/medications/interventions. This means there must be proof of a history of medical intervention for a mental disorder. A counsellor cannot just write that. (Check the credentials and get a second opinion - you can report the "counsellor" to the professional organization in that country.) In most cases today, depression is not considered a mental disorder but a physical disorder because it affects the patient physically. Some disorders are so common that no one really cares much and you have disorders of the year - ie: 2004 - tourettes was popular/ now it is Bi-polar disorder. ADHD fits most children and adolescents.

Get a second opinion - and ask for the immigration psychiatrisct - not some yahoo off the street. Get proof of the "accident"

The CDC is for disease control not mental illness - usually (maybe mad cow?? )Mental illnesses are not contagious. Any "shrink" worth their salt can tell the difference between types of scars.

[Engaged]

ok I see. So the way they do it is, if you have a mental disorder which they assume can be threatning to others, they will send you to the CDC for evaluation, Because if lets say you have a disease and you are contagious you are might be causing others harm, just like if you have a mental disorder and you can cause others harm. But if what happened with your wife was an isolated incident why are they making it such a big deal? Did your wife tell them anyhing incriminating?

[Dirtrider]

I don't think they send you there but they just review these cases. The CDC has some guide lines set in place on how to judge the condition of the person based on the medical report. When there done with there review they will make a recommendations to the USCIS about there findings. Then USCIS gets there chance for input and then it's sent back to the embassy for the final decision. This is the way I understand it from what I have read but I was hoping to find someone here that has been through this part of the process.

[Dirtrider]

Dragonlady,
I think we got the wrong psychologist! My fiancées accounts of what lead up to her getting a mental evaluation appalled me. The doctor that was doing here exam said to her....."You have had some bad things happen in life, you have scars so you must have a MENTAL ILLNESS!!!" It seems like she was diagnosed before she ever went to see the psychologist. Her mental exam lasted all of 25 minutes and was 6 to 7 question. My fiancée thought everything went well. I guess not!

The bad things the doctor referred to was the death of her son and husband. Her husband died from a brain tumor and her son died of dingee fever. They both died with in one year of each other. She was also pregnant at the time with her daughter. Who now is 14. This was a bad time for her but the scar that is the problem didn't even happen in this time period! I think part of the problem is that she has more then one scar and they are all on her left arm. The oldest scar is a tattoo that got infected leavening an inky scar on her arm near her shoulder. The next is the scar that is the problem and this one happened during a quarrel with a person that was renting a room in her house. The short story about this is the renter agreed to move while she was at work but when she arrived home they had removed all her things form the house and had not moved out. She was very angry. I would be too! In the process of getting her stuff put back she ended up getting this cut. This happened 9 years ago. The last scar is actually a set of scar that happened last year. She was going to put flowers on her husband's grave last November. I guess this is part of the Catholic religion anyway she trip over root and fell to the ground with this vase which broke resulting in 4 slice marks on her arm. If you ask me these are the ones that would look most suspicious. I talked to her on the phone right after this happen and I also saw her online later. She showed me the cuts on her are and her knee was scraped up too. So I can testify that it was an accident.

The scars on her arm don't seem to be the issue or the tattoo ether but im wondering if this psychologist had build some hypothesis on the fact that she has these life changing events and scars. Maybe the psychologist makes it sound suspicious that she has that scar on her wrist and now these fresh scars that happened to co inside with a trip to her husband's grave. I don't know for sure because they won't read you the medical findings. I asked them too read them to me when I was at the embassy but they told me they can't but I can get that info thought the freedom of information act. That would take 6 mo so I hear and I think the case has to be closed too be for they would send it out. I'm sure it takes more then 25 minutes to do a fair exam. Plus there is no other supporting evidence to make her mental!

I really wanted to get a full mental evaluation on her but we missed that opportunity at her second mystery interview. She passed her first interview and that basically cover all the requirements for a Visa as far as our relationship goes. The problem was because she had this mental exam her medical was not there at the time of the interview. When she left her first interview she was told....Good luck in the USA!" She was told to pay for her visa delivery. We thought all was well. I even flew there a month after her interview thinking the visa was in the mail. I was there almost three weeks and it never arrived. Then as soon as I get back the embassy sends out a letter. I called to find out what the letter said but they told me that all it said was to come back for another interview. They told me they have everything we need but they probably had a few question about her medical.

The interview was no interview! They just simply told her even though this happened very long ago she was not getting a visa at this time because of this mental disorder. He just told her to go to another window, sign papers and wait for the US's decision. Now we are stuck with what they have for evidence because there seem like no way to add additional evidence in her favor but I do plan to have a full evaluation done on her but we are waiting for the final decision.

[Dirtrider]

I found this link that discuses the I-601 waiver being available for mental illness and a non-immigrant k visa would be eligible for. It doesn't say anything about a hard ship letter. it only deals with the commitment and plans of dealing with the mental illness to get the visa.
I'm wondering if our case could fall under this.
Im always hearing about hardship letters being so critical with the I-601 but I think with medical waiver you dont need one.

http://a257.g.akamaitech.net/7/257/2.../8cfr212.7.htm

[sappyconifer]

If she is suspected to be inflicting self-harm it could be a symptom of several psychiatric illnesses: Personality Disorders (esp. Borderline Personality Disorder); Bipolar Disorder (Manic-Depression); Major Depression; Anxiety Disorders (esp. Obsessive-Compulsive Disorder); or psychoses such as Schizophrenia.

Either way this can be diagnosed by a qualified psychiatrist and in many cases controlled by medication.

Why can't she consult with a psychiatrist to get a clean bill of health, independently?

[Dirtrider]

That is exacly what they think and I can have her go to another doctor but the problem is getting that to the Embassy. You cant just walk in and give them something. If this comes back a waiver case then I think we will be able to do just that.

[dragonlady]

Sorry - but cutting as you're describing it is not a symptom of a Personality Disorder (BPD), Bi-polar Disorder, OCD, or Schizophrenia. A suicide attempt may be the result of a Depressive Episode but it depends on the angle and type of cut. Tere are 'cry for help' cuts, real cuts, and cutting for other reasons. MOST cutters are adolescents. Older persons (female) go for pills. Men generally take more violent actions - adolescent with hanging and older persons (men) going for guns.

A Psychiatric Diagnosis is more than 7 questions and lasts longer than 25 minutes. My psychiatric DSM diagnostic questionaire is 42 pages long! One would thnk they would also administer an MMPI as well as the standardly accepted questionaire(s). It costs between $1200 - $5000 for a psych assessment - and takes a minimum of 10 hours to write up.

I would get a second opinion. Lots of people have horrible things happen to them. This DOES NOT cause mental illness. Ask for the name of the questionaire she was given. If you can get an actual name - I can tell you what the assessment was about. Your wife has a right to know the results of her assessment and she should be able to get a copy.

Contact the governing Board for Psychologists in Manilla. For Psychiatrists you need to contact the Medical Board. You can file a complaint. And filing complaint with the Board is taken very seriously.

[sappyconifer]

That's already been determined, but it's not what we think, but what the consulate thinks and apparently the consulate is thinking otherwise.