Complaint again Embassy

[Tee1024 1]

My mother had her interview with the embassy in Zimbabwe back in November, as I mentioned this on my last post that the interview took 3 good hours. She didn't get the visa, they wanted me (the petitioner) to provide an explanation why my husband and I file our taxes separate last year even though he is not a co-sponsor plus a detailed explanation on my maternity leave. I provided that, they also wanted new medical exam. We provided all of it.

My mother had applied and was denied for a visitor's visa back in 2006 before I became a US citizen, at that time I was inviting her here as she had just lost my step-father and I thought this was going to be a good break for her. During her interview then she had mentioned this to them. They declined her because of some other reason, which was fine.

But this time after we submitted all the information they needed (on paragraph 1 above), they accepted this information but are not still giving her the visa because they are saying she is was depressed back in 2006 and depression left untreated can be a serious problem (my mother wasn't diagnosed with depression, it was self-reported and she was going through a grieving process) she is very healthy mentally and physically. They want her to see a Psychiatrist to be evaluated, they say on the medical exam we provided she failed to mention this to the physician and this is significant. I feel we are treated unfairly and it's becoming a nightmare. Has anyone ever filed a complaint again an Embassy? Should I just have her get evaluated, even though she is not depressed and leave it at that, my mother was grieving it's natural. I'm getting irritated by this process and confused.

[bsd058 296]

My mother had her interview with the embassy in Zimbabwe back in November, as I mentioned this on my last post that the interview took 3 good hours. She didn't get the visa, they wanted me (the petitioner) to provide an explanation why my husband and I file our taxes separate last year even though he is not a co-sponsor plus a detailed explanation on my maternity leave. I provided that, they also wanted new medical exam. We provided all of it.

My mother had applied and was denied for a visitor's visa back in 2006 before I became a US citizen, at that time I was inviting her here as she had just lost my step-father and I thought this was going to be a good break for her. During her interview then she had mentioned this to them. They declined her because of some other reason, which was fine.

But this time after we submitted all the information they needed (on paragraph 1 above), they accepted this information but are not still giving her the visa because they are saying she is was depressed back in 2006 and depression left untreated can be a serious problem (my mother wasn't diagnosed with depression, it was self-reported and she was going through a grieving process) she is very healthy mentally and physically. They want her to see a Psychiatrist to be evaluated, they say on the medical exam we provided she failed to mention this to the physician and this is significant. I feel we are treated unfairly and it's becoming a nightmare. Has anyone ever filed a complaint again an Embassy? Should I just have her get evaluated, even though she is not depressed and leave it at that, my mother was grieving it's natural. I'm getting irritated by this process and confused.

Depression is none of their concern. Completely NONE of their business. They should be looking for communicable diseases or things that would indicate she would be a danger or burdento the public. Even if she is depressed, it shouldn't prevent her from getting a visa. I would complain.

Edited January 11, 2013 by bsd058

[rodceasar 34]

Contact US Senator for your state! I've seen where they can get a new interview and have a fair interview afterwards! I agree with the unfair treatment, which is very common for sub-saharan Africa unfortunately.

[Cathi 5,770]

Depression is none of their concern. Completely NONE of their business. They should be looking for communicable diseases or things that would indicate she would be a danger or burdento the public. Even if she is depressed, it shouldn't prevent her from getting a visa. I would complain.

Actually, yes it is of their concern. The consulate wants to make sure that when her mother gets here she will not become a public charge, Having a serious medical condition that will require ongoing doctors visits and medications here in the US puts her at risk for applying for government funded health insurance. They want to make sure this isn't the case.

[Gosia & Tito 199]

Contact US Senator for your state! I've seen where they can get a new interview and have a fair interview afterwards! I agree with the unfair treatment, which is very common for sub-saharan Africa unfortunately.

I would still make arrangements for the follow up exam.

It is not fair, but they control the game and the rules; best course of action is that when they request something, you get it to them and thus eliminate all barriers one by one if needed.

Senators have limited power, though I will still do it, you never know what strings they can pull.

They would usually want a letter explaining the issue, stick to the facts, remove any opinions and clearly state what you want happening, based on the facts of course.

They usually also want a release so they can speak on your behalf.

Good luck and best wishes

[Cathi 5,770]

It isn;t unfair. The consulate wants to make sure your mother will not become a public charge once she arrives here in the US. Clinical depression is a serious medical condition that requires ongoing doctors visits and medications, potentially for the rest of her life. When your mom gets here they want to make sure she will not go on government funded health insurance. That is why they want proof. As with any other serious medical condition that an immigrant may have ie: diabetes, cancer,heart disease, they want to know the risks of her becoming a public charge She is not being singled out.

[aaydrian 479]

The embassy/consulate can deny and will deny visas if they think the applicant is a danger or will become a burden to society. The US doesn't want untreated mentally or emotionally unstable people running around.

[Tee1024 1]

But the thing is that she was not 'depressed' she was grieving, and they are labeling her as depressed. Is that fair, after 7 years.

[Tee1024 1]

I would still make arrangements for the follow up exam.

It is not fair, but they control the game and the rules; best course of action is that when they request something, you get it to them and thus eliminate all barriers one by one if needed.

Senators have limited power, though I will still do it, you never know what strings they can pull.

They would usually want a letter explaining the issue, stick to the facts, remove any opinions and clearly state what you want happening, based on the facts of course.

They usually also want a release so they can speak on your behalf.

Good luck and best wishes

Thank you, I will.

[Tee1024 1]

I'm also curious for those that involved their US Senators what your outcome was and your experience? Thanks.

[bsd058 296]

Actually, yes it is of their concern. The consulate wants to make sure that when her mother gets here she will not become a public charge, Having a serious medical condition that will require ongoing doctors visits and medications here in the US puts her at risk for applying for government funded health insurance. They want to make sure this isn't the case.

Actually no it's not. If she hasn't been diagnosed with anything, who are they to be suspicious of it? They were told she was grieving for someone. Not that she was diagnosed with depression. The OP made it clear. So if anyone of us had someone die in our lifetime they could deny us on psychological grounds? I don't think so.

Edited January 11, 2013 by bsd058

[aaydrian 479]

Actually no it's not. If she hasn't been diagnosed with anything, who are they to be suspicious of it? They were told she was grieving for someone. Not that she was diagnosed with depression. The OP made it clear. So if anyone of us had someone die in our lifetime they could deny us on psychological grounds? I don't think so.

Actually yes it is. The incident that has the current CO believing that the OP's mother at some point was unstable happened 6-7yrs ago. What people recall tend to be fuzzy after so long and so their account of events have been summarized/altered. You have to look at things from both perspective. The mother could have said something insinuating/outright saying she at one point had a mental breakdown or the CO misinterpreted what the mother said as such. Despite whoever was wrong in 2006 the CO for the tourist visa made a note of in their system and now it's causing a problem. The OP just needs to have his/her mother do the appropriate evaluation from an accepted doctore and hand the result over to the embassy.

[aaron2020 11,651]

Filing a complaint is not going to do anything.

The US Embassy has the final say on issuing visitor visas. Their decisions cannot be reviewed by anyone.

Visitor visas are privileges. The US Embassy can require any information that it deems relevant since no foreigner has a right to visit the US. If your mother wants the US visitor visa, then she can comply with the US Embassy's request. If she has no desire to comply, then she doesn't have to keep trying for a visitor visa.

[Noah Lot 391]

Filing a complaint is not going to do anything.

The US Embassy has the final say on issuing visitor visas. Their decisions cannot be reviewed by anyone.

Visitor visas are privileges. The US Embassy can require any information that it deems relevant since no foreigner has a right to visit the US. If your mother wants the US visitor visa, then she can comply with the US Embassy's request. If she has no desire to comply, then she doesn't have to keep trying for a visitor visa.

who knows what was in the medical report? And the embassy is empowered to preserve our border security and our economy. Filing some sort of complaint will only push this case to the back of the line. No congressman nor senator can 'order' the embassy to schedule an apppointment or reconsider their decision....remember, Congress is in the Legislative branch of our government, while the Dept of State is in the Executive branch (and no, our president is not going to intervene either....)

[catknit 144]

Given the sub-forum this is in and that a medical was performed - I don't believe this is a visitor visa [b1/B2] - it reads more like an IR5?

Regardless, to me, personally, yes it's smacks of not being fair. It almost hinges on practicing medicine without a license. Throwing out a dx on the fly during an immigration interview isn't cool. It could have been handled much more diplomatically.

That said, I also get where the CO is coming from. Many a disability claim [which leads to acceptance into the medicare program usually within 2 years] are based on a depression diagnosis - a valid public charge concern.

I think getting a psych consult, though time consuming and possibly expensive, is a reasonable request - it would provide proof of her mental health status and answer all questions.

If you spend some time in the Philippines sub-forum, you'll see that self-harm/wrist scars do come up there with some frequency that lead to psych consults - however, they are found/requested by the civil surgeon and not called out by the CO which I think makes the request more legitimate than a CO reading a 7 year old note and escalating it. But, the CO holds all the cards. He says "jump through this flaming hoop" and you just gotta do it.

OP - this process is long and frustrating, even under the best circumstances. I feel for you and your mom [just a guess - accusations of mental illness in Zimbabwe holds a certain social stigma?]