harship need?

[wheezy 0]

hello

my fiance was denied his k-1 visa under 212(a)(1)(A)(iii) physical or mental disorder with associated harmful behavior on may 2009 at the cdj consulate and is approved for a waiver my question is if under these denial you need to prove extreme harship anybody else gone through this please help

I have seen several lawyers but none of them answer my question everywhere I read it does not state anything about extreme harship but I want to make sure before I schedule the appt.

[JimVaPhuong 4,863]

hello

my fiance was denied his k-1 visa under 212(a)(1)(A)(iii) physical or mental disorder with associated harmful behavior on may 2009 at the cdj consulate and is approved for a waiver my question is if under these denial you need to prove extreme harship anybody else gone through this please help

I have seen several lawyers but none of them answer my question everywhere I read it does not state anything about extreme harship but I want to make sure before I schedule the appt.

Ok, your fiance was denied under 212(a)(1)(A)(iii) because they determined he had a physical or mental disorder "with associated harmful behavior". Did he try to commit suicide or harm himself? Not important, just wondering...

When you say he is approved for a waiver, does this mean you've already filed an I-601 "Application for Waiver on Ground of Inadmissibility", and the waiver has already been approved? Or, you saying that the denial notice said "approved for a waiver" or "waiver approved"? A determination of 212(a)(1)(A)(iii) is "waiver approved", which means that you can apply for a waiver, but he'll need a medical evaluation in order for it to be approved.

I don't understand your question about extreme hardship. I don't see where extreme hardship would have anything to do with your case, nor how it would help you at this point. Your fiance has been found to be inadmissible to the United States. You have to overcome this with a waiver before you can get a visa for him.

[wheezy 0]

what I meant it he is approved to file a waiver but I have not done it. as far a the denial I could only think they put this becasue he said he drank on weekends and the psycho is using alcholism to deny him my question is if with the 601 waiver you need to prove hardship automatically or is it based on denial so for me just a medical report with the 601 would be enough?

[JimVaPhuong 4,863]

what I meant it he is approved to file a waiver but I have not done it. as far a the denial I could only think they put this becasue he said he drank on weekends and the psycho is using alcholism to deny him my question is if with the 601 waiver you need to prove hardship automatically or is it based on denial so for me just a medical report with the 601 would be enough?

Here is the text of 212(a)(1)(A)(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

Basically, this means he either HAS a disorder (subsection I) or HAD a disorder which is likely to recur (subsection II) that poses a threat to himself or others.

You're going to need to know precisely what disorder the psychiatrist thinks your fiance has before you can address it with evidence and an application for a waiver. You can't just guess that the psychiatrist thinks he's an alcoholic.

You're going to need to submit a complete medical history and report for your fiance. This report will have to come from a competent medical authority (i.e., a doctor) in Mexico. If you expect to have any chance of success, the report should make it clear that your fiance either doesn't have the disorder which the consulate thinks he has, or that the disorder has been treated and will not likely recur, or that the disorder can easily be treated in the US. But before you do any of this, you need to get a copy of the psychiatrist report that the consulate based their decision on.

Read the instructions for the I-601 form here:

http://www.uscis.gov/files/form/I-601instr.pdf

The denial under 212(a)(1)(A)(iii) has nothing to do with any situation where a claim of hardship could be applied. There are no provisions to claim hardship with an I-601 submission. The only thing you need to address is the disorder which the consulate thinks your fiance has.

[baron555 934]

what I meant it he is approved to file a waiver but I have not done it. as far a the denial I could only think they put this becasue he said he drank on weekends and the psycho is using alcholism to deny him my question is if with the 601 waiver you need to prove hardship automatically or is it based on denial so for me just a medical report with the 601 would be enough?

Now I am confused. What Hardship? Do you mean if he doesn't come to you there will be a harship?

I'f file the waiver and move one. I don't understand the hardship connection.

[wheezy 0]

what I meant it he is approved to file a waiver but I have not done it. as far a the denial I could only think they put this becasue he said he drank on weekends and the psycho is using alcholism to deny him my question is if with the 601 waiver you need to prove hardship automatically or is it based on denial so for me just a medical report with the 601 would be enough?

Here is the text of 212(a)(1)(A)(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

Basically, this means he either HAS a disorder (subsection I) or HAD a disorder which is likely to recur (subsection II) that poses a threat to himself or others.

You're going to need to know precisely what disorder the psychiatrist thinks your fiance has before you can address it with evidence and an application for a waiver. You can't just guess that the psychiatrist thinks he's an alcoholic.

You're going to need to submit a complete medical history and report for your fiance. This report will have to come from a competent medical authority (i.e., a doctor) in Mexico. If you expect to have any chance of success, the report should make it clear that your fiance either doesn't have the disorder which the consulate thinks he has, or that the disorder has been treated and will not likely recur, or that the disorder can easily be treated in the US. But before you do any of this, you need to get a copy of the psychiatrist report that the consulate based their decision on.

Read the instructions for the I-601 form here:

http://www.uscis.gov/files/form/I-601instr.pdf

The denial under 212(a)(1)(A)(iii) has nothing to do with any situation where a claim of hardship could be applied. There are no provisions to claim hardship with an I-601 submission. The only thing you need to address is the disorder which the consulate thinks your fiance has.

thank you for the info I did not know I could get the psychiatrist report how would I do this?

and about the harship I got it from a paper he was given with his denial where is says to call to make his waiver appt and it says about the harship to the united states citizen this is why I thought I was going to need to prove hardship but after reading the instructions for the I-601 and under that denial it does not state anything about hardship so I was confused

[JimVaPhuong 4,863]

what I meant it he is approved to file a waiver but I have not done it. as far a the denial I could only think they put this becasue he said he drank on weekends and the psycho is using alcholism to deny him my question is if with the 601 waiver you need to prove hardship automatically or is it based on denial so for me just a medical report with the 601 would be enough?

Here is the text of 212(a)(1)(A)(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

Basically, this means he either HAS a disorder (subsection I) or HAD a disorder which is likely to recur (subsection II) that poses a threat to himself or others.

You're going to need to know precisely what disorder the psychiatrist thinks your fiance has before you can address it with evidence and an application for a waiver. You can't just guess that the psychiatrist thinks he's an alcoholic.

You're going to need to submit a complete medical history and report for your fiance. This report will have to come from a competent medical authority (i.e., a doctor) in Mexico. If you expect to have any chance of success, the report should make it clear that your fiance either doesn't have the disorder which the consulate thinks he has, or that the disorder has been treated and will not likely recur, or that the disorder can easily be treated in the US. But before you do any of this, you need to get a copy of the psychiatrist report that the consulate based their decision on.

Read the instructions for the I-601 form here:

http://www.uscis.gov/files/form/I-601instr.pdf

The denial under 212(a)(1)(A)(iii) has nothing to do with any situation where a claim of hardship could be applied. There are no provisions to claim hardship with an I-601 submission. The only thing you need to address is the disorder which the consulate thinks your fiance has.

thank you for the info I did not know I could get the psychiatrist report how would I do this?

and about the harship I got it from a paper he was given with his denial where is says to call to make his waiver appt and it says about the harship to the united states citizen this is why I thought I was going to need to prove hardship but after reading the instructions for the I-601 and under that denial it does not state anything about hardship so I was confused

I think what you got was a form letter. I don't understand about being told to make an appointment for the waiver, since you don't apply for the waiver in person.

I don't know if you are technically savvy at all, but is there any way you can scan the letter your fiance received, edit out the personal stuff (his name, for example) and post the picture here? If not, can you copy exactly what the letter says (again, leave out the personal stuff) and write it here? It would help immensely if we could see what the letter says. No offense, but you're having a really hard time explaining it to us.

[emt103c 10]

In Mexico, you do do the waiver in person and it is a special, separate appointment. It is also adjudicated same day and you'll get the results and possibly the visa the same week that you submit the waiver.

Check out www.immigrate2us.net for more information on the process in Mexico. There is a lot of information, especially about Mexico there.

Edited June 17, 2009 by emt103c