K1 Fiance Inadmissable Medical

[iglo247 1]

Fiance admitted to prior marijuana experimintetion during medical exam.  Passed the lab test and based on how she was assesed, as well as the denial reason we do not believe the Dr felt she had and abuse issue nor dependance one,  per DSM5 Criteria.  However, it seems that since as the most recent incident was under 3 months prior to the exam the stated reason on the letter was:

"The solicitor has 

(I)  a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others.  There fore is inaddmissable.

You may schedule another medical exam as of  Feb 20, 2021."

 

My questons are:

1.) are we interpreting this right, in terms of the assesment as it did not specify an substance issue persay? and what are the implications of this vs the other, if any?

2.) is there a way to get a copy of the medical exam results?

3.) What do we do come Feb 20, 2021 and is there any chance of having this date pushed up at all?

 

Thank you in advance for your help!

 

[Villanelle 4,122]

Was there a denial code provided? Cause honestly that doesnt sound like the wording for a Class A issue (class A drug issue that is). Sounds more like perhaps a mental health issue (depression, suicide attempts etc) Could be medically related like TB or something but usually in those cases it has additional instructions... So if you have a code please share it as it would be helpful. Otherwise if it is for a Class A issue then the 1yr period is non negotiable and your fiance needs to contact the med Dr to see if random/scheduled tests are needed. Also the med forms themselves are considered confidential immigration documents so you wont be able to get copies of them. No one can- it would be blacked out if you ever were to get your file. However you can contact the med Dr that did the exam. Again they will not give you a copy of exactly what was sent to the Embassy but they will give you access to their records. You need to figure out what code the denial is for and if you feel it was an error in the way the form was filled out because its N/A- like if it was mental health related however you have 0 mental health issues- then theres a chance the Dr checked off a wrong box by accident. 

 

[JonSeattle 202]

The doctor found evidence of potentially harmful behavior that is associated with a physical or mental disorder. You are probably better off seeking treatment or counseling for that, so that at least the fiance can better explain the medical evidence that was found, or even treat an actual harmful behavior and disorder if needed.

[iglo247 1]

I’m familiar with the DSM V criteria they reference and the only red flag in her assessment would be her admitting to it.  We’re thinking the Dr used this reason to not make it about a substance as there is no reference to it from what I see? Thinking due to the last time being about two months ago he felt was more appropriate.  The only “code” on the letter was 1A 3 (212)(a)(l)(A)(iii))  it was in Spanish so I translated what it said in my original post.

 

We will be following up with the Doctor and ask about what needs to get done.

Thanks again

[SusieQQQ 11,587]

2 minutes ago, iglo247 said:

I’m familiar with the DSM V criteria they reference and the only red flag in her assessment would be her admitting to it.  We’re thinking the Dr used this reason to not make it about a substance as there is no reference to it from what I see? Thinking due to the last time being about two months ago he felt was more appropriate.  The only “code” on the letter was 1A 3 (212)(a)(l)(A)(iii))  it was in Spanish so I translated what it said in my original post.

 

We will be following up with the Doctor and ask about what needs to get done.

Thanks again

Are you saying you think the doctor purposely used an incorrect code as an excuse to find her inadmissible?

[iglo247 1]

39 minutes ago, SusieQQQ said:

Are you saying you think the doctor purposely used an incorrect code as an excuse to find her inadmissible?

Not at all incorrect, that’s what your saying. I’m simply trying to interpret what is on paper based on the exam.

[SusieQQQ 11,587]

16 minutes ago, iglo247 said:

Not at all incorrect, that’s what your saying. I’m simply trying to interpret what is on paper based on the exam.

Ok, I guess I misinterpreted what you meant by 

1 hour ago, iglo247 said:

We’re thinking the Dr used this reason to not make it about a substance

 

 

[carmel34 3,646]

Best advice is for your fiancee to get professional help during the next year, stay off all illegal drugs completely including marijuana, meet regularly with a licensed mental health professional to address any issues, save all documentation of her treatment and visits, assessments, etc. to prepare for another medical exam in Feb. 2021.  Also verify with the doctor where the medical was done that her problem was mental health, and stay in contact with the interviewing consulate/embassy so that they can keep her file active.  Good news that they are giving her a year to fix this, not completely closing the door on a visa.  Go and visit her as often as you can, for moral support and encouragement, to keep your relationship strong.  Good luck!

Edited March 6, 2020 by carmel34

[iglo247 1]

20 hours ago, Villanelle said:

Was there a denial code provided? Cause honestly that doesnt sound like the wording for a Class A issue (class A drug issue that is). Sounds more like perhaps a mental health issue (depression, suicide attempts etc) Could be medically related like TB or something but usually in those cases it has additional instructions... So if you have a code please share it as it would be helpful. Otherwise if it is for a Class A issue then the 1yr period is non negotiable and your fiance needs to contact the med Dr to see if random/scheduled tests are needed. Also the med forms themselves are considered confidential immigration documents so you wont be able to get copies of them. No one can- it would be blacked out if you ever were to get your file. However you can contact the med Dr that did the exam. Again they will not give you a copy of exactly what was sent to the Embassy but they will give you access to their records. You need to figure out what code the denial is for and if you feel it was an error in the way the form was filled out because its N/A- like if it was mental health related however you have 0 mental health issues- then theres a chance the Dr checked off a wrong box by accident. 

 

The only “code” on the letter was 1A 3 (212)(a)(l)(A)(iii))  it was in Spanish so I translated what it said in my original post.   Thank you just trying to make sense of it, is all and be sure to handle it appropriately.

[SusieQQQ 11,587]

11 minutes ago, iglo247 said:

The only “code” on the letter was (212)(a)(l)(A)(iii))  it was in Spanish so I translated what it said in my original post.   Thank you just trying to make sense of it, is all and be sure to handle it appropriately.

This is the original English for 212. I’ve bolded the section you quoted as the reason. If drugs were the reason, it would have been (iv) rather than (iii) provided as the reason.

 

Inadmissible aliens

(a) Classes of aliens ineligible for visas or admission

Except as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(1) Health-related grounds

(A) In general

Any alien-

(i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance; ¹

(ii) except as provided in subparagraph (C), who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices,

(iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)-

(I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or

(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or

(iv) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict,

is inadmissible.

 

[iglo247 1]

19 minutes ago, SusieQQQ said:

This is the original English for 212. I’ve bolded the section you quoted as the reason. If drugs were the reason, it would have been (iv) rather than (iii) provided as the reason.

 

Inadmissible aliens

(a) Classes of aliens ineligible for visas or admission

Except as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(1) Health-related grounds

(A) In general

Any alien-

(i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance; ¹

(ii) except as provided in subparagraph (C), who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices,

(iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)-

(I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or

(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or

(iv) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict,

is inadmissible.

 

Thank you! Hence our confusion.  I have lived with my fiancé, I know her family and history including health.  It is why in trying to rationalize things we thought maybe it was not as much the experimentation but that action of the last time having been less then 3 months ago which he may have considered as the behavior that poses a threat?
We are waiting to here back from the Dr.  and see where that takes us?

[Ryan H 3,818]

Moved from Progress Reports to Process & Procedures.