AR in the Philippines?

[morocco4ever 63]

She has a bad scar on her arm from a tattoo that got infected and a very fresh one on her arm when she fell on some broken glass. The person that did her medical wanted her to come back for a mental evaluation because they feared she is violent or into self abuse

Our problem is St. Luke’s and there blanket response to suspected mental heath problems. My fiancée has no issues with her mental heath but she has a scare on her arm and that is what started this whole mess with the Embassy. When she went for her medical everything went well but the doctor saw the scare about half way up her arm. She has about four 1" slices in the fleshy part of the arm that happened when she fell on some glass last fall because of this they wanted to do a mental evaluation to make sure she is not suicidal.

I think your fiance raised a red flag with her scars especially since you described it as four 1” slices. If it was one big slice, the doctor would’ve probably dismissed it as an accident but four slices got him/her suspicious. Drug users in the Philippines slice their arms when they get high on drugs.

During her evaluation she was asked if he was a Shabu (M E T H A M P H E T A M I N E) user! Of course she is not and passed her evaluation without a problem but its got me thinking that maybe this is the problem.

The doctor was suspicious of the scars that's why she was asked if she was a shabu user. As I've said, drug users here slice their arms.

Now what has eligibility have to do with the scars on her arms? I am trying to search on the website the possibilities of ineligibility, and I do think mental state is one of them, but I was under the assumption that this would lead to a 212 denial.

I think that KTM's fiance is suspected of being a drug user. Here’s the link to Ineligibility

http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, 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-

(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.

KTM, I'm sure that your fiance is a wonderful, wonderful woman but she might need a forensic expert to convince the embassy that her wounds were not self-inflicted.

As ryecatcher had suggested, I would beg the US Embassy to give her a 3rd interview (with an an expert's opinion) before they send it back to DHS. It's your last chance. Otherwise, you would have to file the "Waiver to Ineligilibility" and that would take time.

Maybe she can approach our National Bureau of Investigation's Medico-Legal Office for an expert's opinion.

Oh, I feel for you guys. Good luck!

Thats the link I was looking for. But keep in mind, they don't have concrete proof, otherwise she would have been given the 212.

You might want to have a hair follical test done in addition to the outside mental evaluation. That would prove that she hasn't done shabu in the last 6 months. It might be expensive there in PI but it would add to your proof that she is not a drug user.

This is an excellent idea. You know, from what you have told us here I am not 100% convinced that it was sent back to the CIS. But it is always a good idea to be Pro active. If it were me I would have her get the drug test ASAP, then send a copy of the report to the embassy. If they truly are sending it back to the US there is a slight chance that they will change their mind with this. I have seen this accomplished 2 times here on VJ.

[KTMguy 0]

Thanks everyone. I assure everyone my fiancée is wrongfully diagnosed! She leads a very simple life in Cagayan De Oro with her daughter, mother, father and bothers. She never worked as a Bar Girl or hooker and she is very GOD fearing and respectable. She is a good gal. I have known her for three years and have visited her 5 times. She has had a few large trials in her life but she has overcome them just fine. I have never seen anything to make be believe or even question that would lead me to believe what St. lukes determined in a few hours with her. Yes the scars defiantly were the trigger and it was not the tattoo scar that caused them to wonder. It was the four on her lower arm that seemed to be the problem but hey stuff happens and there are only four. Plus you can tell they happened at the same time. So I would think having many of the same type of scars on your arms happening at different times would make you wonder but one time incident! Get real! No pattern there! If this trialed in a court of law they would laugh at evidence for this diagnoses but this is the embassy and you are guilty until proven innocent! Someone here commented that they believe some finds joy in causing problems for these women and I think they are right. Maybe its jealousy because they believe that these girls get the easy ticket to the US. I can only wonder! My fiancée when to St. lukes in a futile attempt to get help and while she was there she said many foreigners were there with there fiancées and they had same problem as us. So im not alone in this!

This sounds very much like what was on the paper she was given at the interview....

(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

There was nothing said on this paper about drug use as far as I know. Only time shabu came up was during the evaluation.

I’m at a crossroads here and not sure where to head with this. I talked with a couple Immigration lawyers yesterday and one told me to go there and the other told me that this will turn out to be a denial and the embassy probably won’t let me in to even talk about it. The one that said it was a denial actually has an office there in Manila so I guess his info is good but who can be sure. You hear so many different things. Now Morocco4ever said that he has seen people change the Embassy’s mind but The advice from the lawyer with the office in Manila said my best and fastest bet was to retract that petition and start over because if it gets sent back to the US there will be a long delay and probably rejection! Then I would have to start over anyway! I hate the sound of that after all this!

So im not sure what to do......spend the money for a trip to go to the Embassy and try to change there minds to give us another interview but I just got back four weeks ago and im not made of money and if it fails then I have to start spending again or do I cancel the petition, start over and prepare for St. lukes mental evaluation with our own doctors report or just sit back and wait to see what happens when the papers arrive here in the US. I’m almost thinking the second way is cheaper and maybe even quicker in the long run.

[ryecatcher25 0]

you were with her just 4 weeks ago? oh i wish you had gone to interview. i would go if i could afford, but if i had time and money i definately would go to interview. of course you have the option of doing a border run. hey it worked for 11 million hispanics

[morocco4ever 63]

First let me say that I for one do believe that your girl is not a drug abuser. I have had first hand experience with the suspicions of these consulates. They take one innocent comment and change it into fraud, send your petition back, and cause you many months of misery from a total misunderstanding.

Now as far as the paper, they will not address the situation, which is wrong, but thats what they do. Ours simply states that it was sent back to the CIS for further review, no specifics as to why. We worked very hard to find out what it was, and our senators office finally got out of them that they doubt the validity of the reltionship. From what I have learned they have sent it back with a request to revoke the initial petition. This is a very time consumming process, and there are things you can do in the meantime while waiting. Of course my first suggestions stands, try to get them to change their minds before they send it back.

Step one, call you congressman or senators office. They have people someone that works with immigration, and as long as you get one that is willing to work with you then they can help greatly. They can unsure that the petition is sent back timely, and possibly give you a little more detail as to the reason.

Second, you need to file a FOIA (Freedom of Information Act). According to the website this takes 20 days to process, but due to backlogs they are taking much longer. I would plan on 6 months. I filed mine in December and they are just starting to work on it. With this they are suppose to give you notes from the consulate about the interview.

Third, and I think you need to think carefully about this, your fiance now has a record of a 221g. If you file a new petition again then it will show that there is a 221g that is unresolved. This one will be judged on that one as well, so what is the point?

There is a lawyer that frequents this website. He is highly skilled on returned petitions. I think his member name is Ellis_Island, or something similar. If you could do a search on his member name here in Visa Journey I am sure that he could help you. Of course he isn't free, but I find his rates to be very reasonable.

Again, I wish you the best of luck

[KTMguy 0]

First let me say that I for one do believe that your girl is not a drug abuser. I have had first hand experience with the suspicions of these consulates. They take one innocent comment and change it into fraud, send your petition back, and cause you many months of misery from a total misunderstanding.

Now as far as the paper, they will not address the situation, which is wrong, but thats what they do. Ours simply states that it was sent back to the CIS for further review, no specifics as to why. We worked very hard to find out what it was, and our senators office finally got out of them that they doubt the validity of the reltionship. From what I have learned they have sent it back with a request to revoke the initial petition. This is a very time consumming process, and there are things you can do in the meantime while waiting. Of course my first suggestions stands, try to get them to change their minds before they send it back.

Step one, call you congressman or senators office. They have people someone that works with immigration, and as long as you get one that is willing to work with you then they can help greatly. They can unsure that the petition is sent back timely, and possibly give you a little more detail as to the reason.

Second, you need to file a FOIA (Freedom of Information Act). According to the website this takes 20 days to process, but due to backlogs they are taking much longer. I would plan on 6 months. I filed mine in December and they are just starting to work on it. With this they are suppose to give you notes from the consulate about the interview.

Third, and I think you need to think carefully about this, your fiance now has a record of a 221g. If you file a new petition again then it will show that there is a 221g that is unresolved. This one will be judged on that one as well, so what is the point?

There is a lawyer that frequents this website. He is highly skilled on returned petitions. I think his member name is Ellis_Island, or something similar. If you could do a search on his member name here in Visa Journey I am sure that he could help you. Of course he isn't free, but I find his rates to be very reasonable.

Again, I wish you the best of luck

Thank you. I have some more info.....my fiancee scaned and emailed me the paper she received when she left the embassy. It is a 212....now it say she is ineligible for a visa because of a mental disorder! Does that mean forever? Also the she never did get back any of her papers or passport and she was told that this would be sent back the US for the final approval or rejection. Why would she not be eliginle and still the petition is being sent back to the US? She saw many there getting denied but they all got there passports back....Im confused now! What is going on! Also her mental evaluation consisted of a 20 minute session and all the question were about her late husband and sons death.

[KTMguy 0]

Hello all,

I’m back. I went to the Embassy last week and what I found out is that my fiancées medical report was electronically sent back to the US for what is called an advisory. The person at the embassy that helped me said that this means it will come back approved or they will probably offer a waiver. I tried to get some info as to what her medical said but they wouldn’t comment on that but they did tell me the only evidence they had was the medical report for St. Lukes. He did tell me the problem was that she slashed her wrist. I said slashed her wrist! Then I grab my fiancees arm and held to the window and asked does this look like a slashed wrist. He just shook his head in a no fashon and said I dont know what to tell you but you need to wait for the advisory answer. It didnt seem like I could change the course of things so im hoping for an approval but if we are offered a waiver can anyone tell me what we are in for and how long they take to process. I was told I have a very good case for a waiver approval. It still strange what happen here because everything I read says that she should have been rejected on the spot and handed her passport and papers back. So im still sure there must be some doubt as to what happened with her scars. I have also been doing some search around to see if I could find a similar case and I did. It was even at the Manila embassy. This person had tried to take there life serveral times and it was documented with doctors reports. Of course they were denied but they tried a I-601 waiver and it was rejected too. I read the reason for the waiver rejection and it stated by the guide lines set up by the Centers of disease contol to be considered in remmisson you have to be free of mental episodes for 5 years. The time period there trying to say my fiancee slashed her wrist was 15 years ago. This case happend last year and by what I read they should approve our petition but I bet they will go hard safe route....a waiver!

[jazzy 0]

hi....KTM...sorry to hear that..i will just pray and hopefully you can have visa soon...like us we waited..waited and waited then finally we got married to avoid k-1 and be patient...we knew how it felt. .....

[iceyspots 0]

That's good news you have about them just getting an advisory for an approval... They're not sending back the entire petition for revocation... However... when this medical exam was done, was there a choice of doctors? Are there more than 1? If you're willing to pay the fee, have many doctors look at it and tell what they think... Just how bad medical advice is sometimes given in the states, you can go get a second opinion from a doctor.

Morocco4ever, you're a very strong woman and I admire it, thanks for your information.

[morocco4ever 63]

That's good news you have about them just getting an advisory for an approval... They're not sending back the entire petition for revocation... However... when this medical exam was done, was there a choice of doctors? Are there more than 1? If you're willing to pay the fee, have many doctors look at it and tell what they think... Just how bad medical advice is sometimes given in the states, you can go get a second opinion from a doctor.

Morocco4ever, you're a very strong woman and I admire it, thanks for your information.

Thx Icy...but I have my moments I break down and fall apart...lol

I do think you are right though, I don't think they sent it back to the CIS. This is good news! I am guessing that they issued the 212 but because it was so long ago they kept the passport because they know it will still be approved after the review. Of course, remember, this is just my guess. Just keep strong, call the DOS for status updates, gather up all the evidence you can think of to prove that this incident happened as you stated, and it sounds more importantly WHEN it happened. Gather letters from people that can testify that she is mentally stable from as many people as you can. Even get an independent evaluation done. Who knows, maybe this is all going to be unnecessary, but it is better to be over prepared.

[KTMguy 0]

That's good news you have about them just getting an advisory for an approval... They're not sending back the entire petition for revocation... However... when this medical exam was done, was there a choice of doctors? Are there more than 1? If you're willing to pay the fee, have many doctors look at it and tell what they think... Just how bad medical advice is sometimes given in the states, you can go get a second opinion from a doctor.

Morocco4ever, you're a very strong woman and I admire it, thanks for your information.

Thx Icy...but I have my moments I break down and fall apart...lol

I do think you are right though, I don't think they sent it back to the CIS. This is good news! I am guessing that they issued the 212 but because it was so long ago they kept the passport because they know it will still be approved after the review. Of course, remember, this is just my guess. Just keep strong, call the DOS for status updates, gather up all the evidence you can think of to prove that this incident happened as you stated, and it sounds more importantly WHEN it happened. Gather letters from people that can testify that she is mentally stable from as many people as you can. Even get an independent evaluation done. Who knows, maybe this is all going to be unnecessary, but it is better to be over prepared.

I really want to give them another opinion but I’m unsure how to get that to the embassy. It seems like our chance to do that passed with her last interview. If I had known what the interview was about I would have defiantly tried to offer another doctors opinion to the counselor. Maybe they will ask her to come back when the advisory comes back with an answer but at that point maybe it’s too late to change the decision if it’s not in our favor anyway. Unless we are offered the waiver and a waiver is not going to prove anything about my fiancee mental state that justs an attempt to show how much loosing her will affect my kids life and my life. I have been talking with my senator about this and she is trying to find out what is happening. It doesn’t seem fair to judge someone on what one doctor thinks there history is without knowing there current health too and a 25 minute interview with a physiologist is not long enough to evaluate the past, present or future. I wish there is someway I could get them to allow us another interview to prove her condition is not what they think. I have known her almost three years and never have I thought she had any sort of mental problems. She is always up beat and thinks positive. Even now she is thinking positive but I tell you the truth it’s hard for me to think real positive. It’s a real rollercoaster ride of ups and downs right now. I’m going to need to see a doctor pretty soon and probably should just incase this comes back as a waiver. Probably should have my kids go too. They were really disappointed to hear she wasn’t able to come yet and I had to prepare them for the worst too so I told them she may not be able to come to the US.

Edited May 15, 2006 by KTMguy