i-130 sponse immigration visa denied base on Health-related grounds.

[CCIERS 0]

I am a Cisco Network Consultant, and have 10 years of experiance.

When I was 17 years, I argued with my mother and got emotionally upset and harmed myself. I have those scars on my hand. The wound was minor (no switches) and local clinic band-aided it.

When I was 35 years, married to a US citizen, and applied for i-130 spouse immigration visa. USCIS has approved the case and I got NVC letter for further processing. We have completed all the steps, and the case was send to US Consulate. US Consulate send me a letter, which contained step to complete before final Consular Interview.

During medical exam, I was told to take physiatric test and then Medical report was sent to US consulate.

Before the Interview, US Consulate called me and told not to attend the interview and later I received a refusal worksheet, in which i-130 application was denied base on 212(a)(1) health-related grounds. And states that I am eligible to apply for a waiver of the ground/s of ineligibility.

1. Do I need to apply I-601 ?
2. Where should I apply, at US consulate or USCIS Phoenix Lockbox ?
OR

3. Do I have to file case in US court proving "no mental illness" ?

Edited February 13, 2016 by CCIERS

[Dohan 133]

Apply for the 601 waiver but I strongly advise contacting a lawyer or legal aid agencies to work on this. Waivers are very complicated and require a lot of evidence. You would need to submit evidence that either you have been rehabilitated from the previous experience and have a conclusion from a certified psychiatrist that you are no longer suffering mental illness.

Or, in case you are still dealing with some issues that you are receiving treatment, either in the form of medication or counseling.

The main thing you have to prove with medical evidence and letters from people who know you that you are not a threat to yourself or others around you and that you are a fully functional member of society.

Waivers can take up to 6 months to be approved. So you would apply for the waiver and once it is granted you would file the I-130 again with the approved waiver or you can file the waiver and a new I-130 together.

May I also ask, are you now in the US or still in India?

[CCIERS 0]

Apply for the 601 waiver but I strongly advise contacting a lawyer or legal aid agencies to work on this. Waivers are very complicated and require a lot of evidence. You would need to submit evidence that either you have been rehabilitated from the previous experience and have a conclusion from a certified psychiatrist that you are no longer suffering mental illness.

Or, in case you are still dealing with some issues that you are receiving treatment, either in the form of medication or counseling.

The main thing you have to prove with medical evidence and letters from people who know you that you are not a threat to yourself or others around you and that you are a fully functional member of society.

Waivers can take up to 6 months to be approved. So you would apply for the waiver and once it is granted you would file the I-130 again with the approved waiver or you can file the waiver and a new I-130 together.

May I also ask, are you now in the US or still in India?

Yes, I am in India.

Why I need to reapply for i-130, Why can't I continue the present i-130 application ?

Edited February 13, 2016 by CCIERS

[Dohan 133]

Your current application was denied, you cannot continue working on the same petition. Your options are to appeal or to submit a new application. Appeals take a very long time, and you would need a lawyer because motions and detailed letters have to be written to request the appeal with the Board of Immigration.

Here is the appeal process explained:

In submitting an appeal of a denied I-130 filing, the Attorney files a Notice of Appeal to the USCIS Field Office issuing the decision within 30 days of the decision. The appeal brief and supporting documents then must be filed within 30 days of the filing of the Notice of Appeal. If the Field Office determines that the appeal does not overcome the grounds for denial, the Field Office prepares a Record of Proceeding (ROP), which consists, among others, of the appeal and supporting documents filed by the petitioner and evidence and documents relied upon by USCIS in rendering its decision.

The Field Office then forwards the ROP to the USCIS’ attorney (Office of the Chief Counsel). USCIS’ counsel reviews the ROP and prepares arguments on behalf of the government. After Counsel reviews the ROP, the packet is forwarded to the Board of Immigration Appeals (BIA) for review.

Experience has shown that the BIA will typically issue a decision within 6 months, but longer processing times are possible. It is important to note that under some circumstances, the filing of a new Form I-130 in addition to or instead of filing an appeal might be the best strategy. A denial from the USCIS does not prevent a petitioner from petitioning the same relative, if eligible.

Appeals are lengthy and complicated and very very expensive.

Here are some guidelines on needed evidence for 601 Waiver for Physical or Mental Disorder: http://www.smartimmigrationlawyer.com/i-601-waiver-mental-disorder-waiver/

[CCIERS 0]

Your current application was denied, you cannot continue working on the same petition. Your options are to appeal or to submit a new application. Appeals take a very long time, and you would need a lawyer because motions and detailed letters have to be written to request the appeal with the Board of Immigration.

Here is the appeal process explained:

In submitting an appeal of a denied I-130 filing, the Attorney files a Notice of Appeal to the USCIS Field Office issuing the decision within 30 days of the decision. The appeal brief and supporting documents then must be filed within 30 days of the filing of the Notice of Appeal. If the Field Office determines that the appeal does not overcome the grounds for denial, the Field Office prepares a Record of Proceeding (ROP), which consists, among others, of the appeal and supporting documents filed by the petitioner and evidence and documents relied upon by USCIS in rendering its decision.

The Field Office then forwards the ROP to the USCIS’ attorney (Office of the Chief Counsel). USCIS’ counsel reviews the ROP and prepares arguments on behalf of the government. After Counsel reviews the ROP, the packet is forwarded to the Board of Immigration Appeals (BIA) for review.

Experience has shown that the BIA will typically issue a decision within 6 months, but longer processing times are possible. It is important to note that under some circumstances, the filing of a new Form I-130 in addition to or instead of filing an appeal might be the best strategy. A denial from the USCIS does not prevent a petitioner from petitioning the same relative, if eligible.

Appeals are lengthy and complicated and very very expensive.

Here are some guidelines on needed evidence for 601 Waiver for Physical or Mental Disorder: http://www.smartimmigrationlawyer.com/i-601-waiver-mental-disorder-waiver/

There is no mention on reapplying of i-130 application in your references !

See the part of the letter below, what do U conclude from this ?

My heart beat is raising now, listening the other way argument

Edited February 13, 2016 by CCIERS

[neoblast 138]

As stated in the letter, a waiver is available to you. You need to file the I-601, no need to refile. I believe this to be the I-601 form Section A check 1,3. You will most likely need to see a Doctor (family doctor or where you were treated) to certify that this was a one time occurrence.

(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:

Health-related grounds

In general Any alien —

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]

[Boiler 43,429]

The Visa was denied not the I 130.

[Jawaree 717]

Get a waiver atty ASAP...You need no new I 130

have the atty do your waiver & show how/if you

have gone past the follies of your youth & is a

well grounded adult among other arguments