DS230 mental health question

[Angelheart1962 6]

Hi, something is really bothering me and I would appreciate some advice from all you knowledgeable VJ'ers!

My I-130 hasnt been approved yet but I was looking at form DS230 online and have been worrying about the question that asks if you suffer or have suffered from any condition that makes you a danger to yourself or others. I have suffered from mild depression for years and take a low dose of medication, but 5 years ago I had some awful things going on in my life and very foolishly self harmed and was in a psychiatric hospital for 5 days. It was the first and only time that has ever happened. Now I dont know whether to say yes or no to that question on the form. When I have travelled to the US I have answered 'no' to it on the I-94 because as I say it was a long time ago and is never going to happen again.

My dilemma is, if I answer 'no', they will prob ask about my anti-depressant use because I'm sure you have to list any medication you take further down the line (at the medical).

If I answer 'no', I guess technically I am lying and they will ask why I never put it on the I-94. I dont want to lie obviously but I dont want to make more of it than it was and I dont want my visa denied!

If I answer 'yes', thats one of the grounds to be denied a visa and they will still ask why I didnt put it on the I-94 .

Has anyone had any experience with this or can offer any advice?

Thanks in advance.

[UKGirl123 24]

Answer truthfully as you risk problems down the line if you lie.

Check out my topic on this subject as I went through this and if you need further advice feel free to message me.

http://www.visajourney.com/forums/topic/239711-self-harm-depression/

[Dakine 26]

Hi, something is really bothering me and I would appreciate some advice from all you knowledgeable VJ'ers!

My I-130 hasnt been approved yet but I was looking at form DS230 online and have been worrying about the question that asks if you suffer or have suffered from any condition that makes you a danger to yourself or others. I have suffered from mild depression for years and take a low dose of medication, but 5 years ago I had some awful things going on in my life and very foolishly self harmed and was in a psychiatric hospital for 5 days. It was the first and only time that has ever happened. Now I dont know whether to say yes or no to that question on the form. When I have travelled to the US I have answered 'no' to it on the I-94 because as I say it was a long time ago and is never going to happen again.

My dilemma is, if I answer 'no', they will prob ask about my anti-depressant use because I'm sure you have to list any medication you take further down the line (at the medical).

If I answer 'no', I guess technically I am lying and they will ask why I never put it on the I-94. I dont want to lie obviously but I dont want to make more of it than it was and I dont want my visa denied!

If I answer 'yes', thats one of the grounds to be denied a visa and they will still ask why I didnt put it on the I-94 .

Has anyone had any experience with this or can offer any advice?

Thanks in advance.

Be consistant with your answers.

[closed-20101014 3]

Please god don't put "yes" on this form if there is no current or likely future self harm.

The form stipulates that you are INADMISSABLE to the USA if you do. I have tried and tried to persuade a lot of people on this forum that the wording of this question on the DS230 is horrible. It refers to the same US laws re. physical or mental conditions as every other form you fill in to go to the USA - most the others are a lot clearer aboyut it saying PAST self harm. This is a really dangerous thing to tick "yes" to - other people may well have done so and not needed a waiver but you may not be so lucky.

I've argued with people over and over about this.

"Do you have or have had a mental disorder which poses or may pose a danger etc etc"

The bit you need to pay attention to is "poses or may pose."

I rung the US embassy re. this and they told me it refers to likely recurrance of such conditions, you can say no if you feel there is no current or future danger but be prepared to back it up with proof, and be honest on the medical questionnaire.

Please people, stop telling people to tick yes to this question! Have you seen how it stipulates that doing so makes them INELIGIBLE for a visa? Not only this but if you've been to the US before and answered "no" to the similar but better worded question on the online forms and on the plane, you could be pulled up for misrepresentation!

Angelheart please ring the US embassy and find out for yourself, or consult a lawyer. The forum is split on the right interpretation of this question.

[UKGirl123 24]

Shirorisu yes you have argued but it says "have or had" on the form this means previously - i ticked yes and have made it through this process already.

Angelheart - at the end of the day it is up to you what you do but please please do not lie or misrepresent yourself on any forms as if they find out it can mean in the worst case senario a lifetime ban from the USA. I suggest you read both Shirorisu and my posts on the matter of self harm and depression and make you own decision.

In addition I had a lawyer who had no information on the matter and the embassy isn't the right person to ask, if you need to call someone call knightsbridge and ask to speak to the doctor.

Best of luck.

Edited September 28, 2010 by AngelBlu

[closed-20101014 3]

And now you all have me worried, again.

I'm going to call the US embassy advice line in the morning, again, even though it costs a lot of money.

I have a fortunate situation in that the depression that is on my record is not in relation to my diagnosis and occurred prior to diagnosis.

How you answer these questions a lot of the time is based on interpretation, and you always worry afterwards. The I-94 on the plane, the wording of it is blunt "do you suffer from a mental or physical disorder?" Who DOESN'T? There are a myriad physical and mental disorders, I mean do you have to disclose things like skin conditions? When I rang the US embassy in reference to the I-94 I was advised my mental disorder was not something that usually needed to be disclosed. Yet you could argue that ticking "no" was a lie. There's a lot of grey areas here and to be honest I think i'm getting a lawyer re. this whole thing.

ANGELHEART IF YOU TICK YES THOUGH YOU ARE INELIGIBLE IT SAYS RIGHT THERE ON THE DS-230!

Seriously you may have been really, really lucky in getting an understanding adjudicator. If you look at the US immigration LAW that all these questions, with all their different wording applies to, it clearly states that only aliens de3emed a danger to others or themselves are in need of a waiver. If you look at the manual for use by the doctor at the medical, it refers to this law and why people with no/very low chance of recurrance are not inadmissable. IMO it's really dangerous to advise people to tick "yes" on the DS-230. It means waiver, outright. It could mean a ban for misrepresentation. You may well have had an adjudicator who could recognise the poor wording of the question and realise you interpreted it as meaning something different from similar questions on the I-94 etc, but will we all be so lucky? Probably not.

Edited September 28, 2010 by Shirorisu

[UKGirl123 24]

Shirorisu quit telling people things you dont know.

I'm in the US right now after ticking yes - so clearly I was not ineligible. I refuse to argue with you.

I along with several others have quit offering you abvice as you simply disagree with everything they tell you even if people know first hand.

Angelheart I am going to stop reading this topic now as it is just getting me worried for you. Honestly I would call Knightsbridge and ask the doctor first hand because at the end of the day they are the ones who will be sorting it all out for you.

Best of luck and if you need any support I am on daily.

Edited September 28, 2010 by AngelBlu

[Angelheart1962 6]

AngelBlu, your thread was really helpful and very informative. Thank you for directing me to that.

Shirorisu, I understand what you're saying about the question, but I am still very wary about not being totally honest because the last thing I want is a lifetime ban from the US!

I am in the States at the moment visiting my husband, and he has made an appointment for us to go and see our immigration lawyer on Weds, but to be honest this guy has already shown himself to be a pile of poop so I will take what he says with a pinch of salt. People in this forum are far more helpful! I have also made an appointment with my GP for next week when I get back home and will ask him to write me a letter. After my self harm I did have counselling for a year and have a letter from the consultant psychiatrist saying I had been co-operative, had benefited from my counselling and he was happy to refer me back to primary care, but this is a couple of years old so I may also contact his office to see if they can give me an updated one.

If I get asked why I never ticked yes on the form on the plane I will say that I know the self harm will never recur so I didnt feel the question was relevant, but now I have to do a detailed questionnaire I feel I should mention it.

God I just want to be with my husband for good.

[closed-20101014 3]

BTW the US embassy advice line costs something like $15 a call and it's not intended to mislead. You get put through to experts. I have asked about my ticking no to I-94. Why did I tick no? I assumed it was the same question as on ESTA. The wording's quite different though. I've been reading this on disability forums. How people who are blind and deaf, obviously so have waltzed in having ticked "no." You do not have to disclose anything that is not going to be a danger to yourself or others on the I-94. Yet all the I-94 says is "Do you have a physical or mental disorder." Now if you want to interpret everything in black and white that's fair enough, but all I am saying is acting in a way that you believe to be scrupulously honest could be just as dangerous as interpreting questions differently. ESPECIALLY if you answered "no" to I-94 and went to the USA before. Hence why I am asking PLEASE don't listen to this forum, please call the embassy, get a lawyer whatever because I don't believe that answering "yes" to this question is something that everyone with problems far in the past has to do.

[closed-20101014 3]

Well I don't care Angelblu, I think you've just been very very lucky and I'm not the only one on this forum who believes that ticking "yes" on that form is NOT necessarily the right answer.

[closed-20101014 3]

I also don't believe that phoning the medical doctor re. this means jack, they aren't US embassy officials, they don't adjudicate the DS-230 and the medical questionnaire is a whole other kettle of fish with different questions on it.

Why is phoning the doctor any more valid than phoning the paid immigration helpline?

[TBoneTX 45,288]

OP: From a practical standpoint, it would be MUCH easier to answer honestly and to say "see attached" or "will explain in complete detail" than it would be to defend one's self against Misrepresentation by stammering, "Well, uh, I was worried because of the possible interpretation if I answered truthfully with 'yes' to this question." A very realistic official response to that would be "Sorry that you were worried, but you failed to answer truthfully, which is Misrepresentation."

[...] I'm such an untrustworthy, belittling catty little cow and unreliable as all get out [...] get all high handed about it [...] they aren't as dumb and horrible as me.

No one called anyone this. If they did, please cut & paste the exact quotes. Otherwise, explain how the drama helps the OP.

[closed-20101014 3]

I am sick, sick with worry over the danger of misinterpreting this question, either way and the forum, FACT IS, is split on it.

So do I believe the US embassy re this, who told me that I was safe to tick no?

The question, fact is can be interpreted in either way. Lots of people have told me to interpret it to focus on the present tense part in "poses or may pose." Lots of people have told me to interpret it to focus on the "had or has."

Look at it logically though (I'm a language student and the tenses suggest this.)

Did I actually have a disorder that poses or may pose risk?

No, I had a disorder that posed risk.

If I say, had an often recurring condition like schizophrenia then it could POSE risk in future.

The law refers to FUTURE, LIKELY risk.

I believe the question reflects the law but that doesn't stop the anxiety I get from the people who think otherwise.

[closed-20101014 3]

Angelblu, if you ARE reading can you please tell me if you are referring to the DS-230 that goes in at NVC stage?

Ie. it does not go to the doctor, but embassy staff, and the doctor never sees it as far as I've been told. The medical questtionaire is what the doctor sees, and is a lot clearer in wording.

[TBoneTX 45,288]

Did I actually have a disorder that poses or may pose risk?

No, I had a disorder that posed risk.

Then the "or" is the answer to how to answer. The proper answer is "yes." Again, it would be far easier to answer truthfully with an explanation of the situation than it would be to defend a charge of Misrepresentation.