Attorney wants to reschedule my consulate appointment because we haven't gone to get a psych eval for my wife (petitioner)

[asael1987 0]

Hello, all basically I (benificary) got a DWI back in 2010, and so we have to file a near impossible waiver to try to get us back to the states, well according to our attorney my wife will need a psych evaluation to go with our waiver package, and so he wants to reschedule our consulate appointment, can someone offer some input on this? He says it is crucial to have the psych eval done before the appointment date.

However "his" psychiatrics are all booked up for the next two months.

First of all we are only about 40 days into the NVC process, still awaiting instructions from them, so its not like our consulate date would be in 3 weeks or so.

As me and my wife are currently living in MX, it is hard for me to communicate with my attorney, so I wanted to know of a third person's point of view on this. My family has asked the attny to not mess with the dates, but is it necessary?

can it be any psychiatric or is there some sort of specialty immigration psych??

[asael1987 0]

Hello, all basically I (benificary) got a DWI back in 2010, and so we have to file a near impossible waiver to try to get us back to the states, well according to our attorney my wife will need a psych evaluation to go with our waiver package, and so he wants to reschedule our consulate appointment, can someone offer some input on this? He says it is crucial to have the psych eval done before the appointment date.

However "his" psychiatrics are all booked up for the next two months.

First of all we are only about 40 days into the NVC process, still awaiting instructions from them, so its not like our consulate date would be in 3 weeks or so.

As me and my wife are currently living in MX, it is hard for me to communicate with my attorney, so I wanted to know of a third person's point of view on this. My family has asked the attny to not mess with the dates, but is it necessary?

can it be any psychiatric or is there some sort of specialty immigration psych??

psychiatrics = psychologist sorry (try to edit it, wasn't able to)

[rylforever 18]

unless one of you have an actual mental illness, i dont see how a psych eval would be very relevant in your case.

[Jawaree 717]

A Pysch evaluation only carries secondary weight as a hardship

IF ...she had been receiving treatment B4 this waiver was needed

If she is put on medication for whatever mental issue is claimed (proof)

And its only classified secondary proof.

Also. Many attys work with a pysch. doing referrals back and forth for profit at times.

Everyone has hardships find them , make a list of bills she paid mthly in US, add

have a letter from past job talking about her not performing well prior to leaving

as in the past, YOU MUST have gone to rehabilitation with proof, get crime scene

articles, medical care not adequate , she tries living in your country its not working,

not able to work or understand the culture, and no place of your own to live, all these

can be her hardships.

You can email your atty and NVC for info since U post here, did he tell U what

waivers you may need, depression does not fly with adjudicators they akin to

a spouse that leave or die but the other eventually get up & move on. Hope your

atty can write a good solid brief

If not yet done at NVC how is he going change interview date did NVC give one yet?

sounds like game to me

The embassy will issue approval to file waiver at interview

Edited January 13, 2015 by Jawaree

[asael1987 0]

A Pysch evaluation only carries secondary weight as a hardship

IF ...she had been receiving treatment B4 this waiver was needed

If she is put on medication for whatever mental issue is claimed (proof)

And its only classified secondary proof.

Also. Many attys work with a pysch. doing referrals back and forth for profit at times.

Everyone has hardships find them , make a list of bills she paid mthly in US, add

have a letter from past job talking about her not performing well prior to leaving

as in the past, YOU MUST have gone to rehabilitation with proof, get crime scene

articles, medical care not adequate , she tries living in your country its not working,

not able to work or understand the culture, and no place of your own to live, all these

can be her hardships.

You can email your atty and NVC for info since U post here, did he tell U what

waivers you may need, depression does not fly with adjudicators they akin to

a spouse that leave or die but the other eventually get up & move on. Hope your

atty can write a good solid brief

If not yet done at NVC how is he going change interview date did NVC give one yet?

sounds like game to me

The embassy will issue approval to file waiver at interview

your response is the best I've received in this site since joining, thank you very much very informative.

By rehabilitation you mean for my dwi correct, now this being back in 2010, If I was to go to AA now would it still count, and how long would I need to go?

what do you mean by crime scene articles? I was pulled over pulling out of a club, pulled over, no accident no one was physically hurt. first and only run in with the police. I have my criminal record as requested by the DS-260 which I am filling out for the NVC..

my attny stated that I needed a I-601 waiver for the dwi.

and can you ellaborate more on adjudicatiors?

That's what I don't understand how he is saying already that he needs to change the interview date, when we are still awaiting on the instructions from NVC, and from what I've heard at best case scenario we are looking at 60 days for that process to complete once we send in the DS-260.

what do you mean by the embassy will issue approval to file waiver? So do you mean the waiver does not have to be completed by the interview? My attorney said it did, and I am a bit confused, as my sister is working with my attorney as I and my wife are not in the states currently.

sorry and thanks for any follow up input.

[rylforever 18]

I think someone (your attorney) is confused about the waiver process and hopefully it is not your attorney because if so, you need to get another one or do it on your own. the i601a would be done prior to interview but that does not apply to you because that is for those that are in the united states. the i601 is filed after your interview, so thats why i see no point in postponing your interview as it makes no sense. at the interview they will tell you if you are eligible to file a waiver and if one is needed. they will give you a blue piece of paper at the end that says denied but eligible to file waiver or denied and not eligible to file waiver due to ..... reason. you need to get things straightened out with your attorney asap.

[Jawaree 717]

OP are you using a real licensed atty or a notario?

The process is NVC/consulate schedule your interview after NVC process is over

You get a checklist of whats needed at interview: example originals birth/marriage

certs, disposition on DUI case (a must) copies of updated tax papers for co-sponsors.

and whatever else they want from you along with paper-work to make doctors appt.

You will need vaccine card to take to the doctor, find out locally about your childhood

shots & get proofs, if more shots are needed they will charge & give U. Be honest about

your DUI, IF U DISCLOSED U EVER SMOKE WEED you will be set back a year, stay away

from weed and those who smoke...if you have tattoos (many Spanish countries) panel

doctor question the meanings of the tats, making sure its not gang related...They may make

you go to psych due to DUI ...do it.

Start going to AA and get certification even if U no longer drink (needed in waiver package)

Write to the court now for disposition on case now if you do not have it.(needed in pkge)

CRIME SCENES in Mexico...U cut out horrendous crime in your location to prove your wife

is there with U in unsafe environment. (cut from local newspaper)

HEALTHCARE...pull US report on below standard medical in Mexico & print (for waiver pkge

) print from computer,

She will need to write a letter in her own words of her hardships and unemployment there

At interview the CO will issue 221G approval (that goes with waiver pkge to Neb) cost $585

It will take 3-9 mths, if the waiver is approved...a strong atty briefs and solid arguments can

most time get a mere DUI approved, but the atty must be exp with waivers & be in communication

with U on whats needed from you.

In Neb. (Insist on receipt # from any atty) the adjudicators vett background checks, look

at the proofs and arguments and decide to approve or deny.

After approval the embassy request your passport, you go into AP a few days (mostly) until Passport is

stamped with visa.

You can register with USCIS online and give you email so you can be updated on info.....good luck

Edited January 13, 2015 by Jawaree