Seeking waivers for mentally ill visa applicants
In the process of immigrating to an adopted land, many individuals find themselves facing major changes that affect their physical and mental well-being. Both the new immigrants and those who are left behind experience hardships resulting from family separation, changes in social and economic status, lost of professional opportunities and positions, among others.
The most affected members of the family who suffer the effects of separation are those children who are left behind for many years.
Majority of immigrant families are able to adjust to changes unless a family member is left behind without family support. There are cases where the separation from the family causes profound grief and depression. What will happen in the case of an applicant who has a history of depression and attempted suicide? Will one’s medical condition affect her or his ability to get an immigrant visa?
Attempted suicides
Jose was 23 years old when his whole family migrated to the United States. As this was his first separation from his family, Jose suffered from severe depression. On three occasions, he attempted suicide. Luckily, his roommate was able to abort each attempt. Jose has scars on his wrist for every attempted suicide. Jose was never violent. A psychiatrist prescribed medications to treat his depression.
Jose’s parents filed a petition for him and after seven years, his immigrant visa became available. During his medical examination, he admitted to his past suicide attempts after being asked about his scars. This affected his immigrant visa application. After an interview, the consular officer denied Jose his immigrant visa because of his past depression and attempted suicide.
According to the consular officer, Jose’s mental illness was a ground for inadmissibility although he was informed that he could apply for a waiver. As a result, Jose suffered from depression again and his mother was forced to return to the Philippines to be with him and to help him resolve his visa problem. What type of waiver is Jose going to file so he can finally get a visa to enter the United States?
A severe depression in itself is not a ground to deny a visa. It is the “harmful behavior” associated with depression that matters. The Immigration and Nationality Act clearly provides grounds to deny a visa to an applicant who has a physical or mental disorder and behavior associated with a disorder that may pose, or has posed, a threat to the property, safety or welfare of the applicant or others. It includes those with a history of mental disorder and a history of associated harmful behavior that is likely to recur.
Mental disorders
Examples of disorders that may be associated with harmful behavior based on a list published by American Psychiatric Association include mental retardation, schizophrenia, paranoia and other psychotic disorders.
As mentioned, a mental illness associated with dangerous behavior could make one ineligible for a visa. But the applicant may apply for a waiver of this inadmissibility ground by filing Form I-601. This application must be supported by evaluations from a psychiatrist and an assessment of the likelihood of danger to the applicant and others. It should show convincing proof that the applicant will not be harmful to himself or to society.
A division of the Center for Disease Control and Prevention, known as the Division of Global Migration and Quarantine, is responsible for reviewing the waiver. If the waiver document indicates that the applicant is not a danger to himself or others, a waiver can be granted and a visa can eventually be issued.
Thus, mentally ill visa applicants are not necessarily disqualified from getting an immigrant visa. In cases where there is such a disqualification, one can always contest such a finding and file a waiver.
(Tancinco may be reached at [email protected] or at 721 1963 or 887 7177.)
