Immigrating with past depression.

[Keith Hunter 2]

Hey,

 

In 2019 I flew to Pittsburgh, PA from the UK on an ESTA to see my girlfriend, although I didn’t quite make it. I was transiting through Detroit and unfortunately was deemed inadmissible by border control due to insufficient funds, depression and intent not determined. I guess it was a little sketchy but it was a rough and lonely time in my life, I acted impulsively by planning a 7 week trip and disclosing a medical condition without any medication.

 

The officer seemed gutted to turn me away but he handed me a list of panel physicians, took my finger prints and told me if I was to enter the US I would need to acquire a visa and take a medical.

 

A lot has happened since then, my girlfriend became my fiancé and we’re about to be married in Cancun, Mexico this coming May.
 

My question is when we start the visa process, could being turned away at US borders be grounds for denial and in my instance would it be recommended to look into immigration lawyers? 

 

2 things that do worry me are while filling in my ESTA I marked no health problems, because I genuinely didn’t see my depression as a severe illness and I marked my previous employer, given I was currently unemployed. 

 

I’m aware US immigration take lying and misrepresentation seriously, but this was misinterpretation above anything.

 

I should probably mention that I’m free of depression and was working as a self-employed brand ambassador until lockdown hit us hard.

 

I have attached the statement from the border official.

 

Any advise given is appreciated, thank you!

 

[HRQX 4,145]

11 minutes ago, Keith Hunter said:

while filling in my ESTA I marked no health problems, because I genuinely didn’t see my depression as a severe illness

If there was no harmful behavior associated with the depression then you selected the correct answer on the ESTA. The CBP officer is NOT a mental health expert. https://www.cdc.gov/immigrantrefugeehealth/exams/ti/panel/mental-panel-technical-instructions.html "Only mental or physical disorders during which the applicant engages in or has engaged in harmful behavior that is associated with (due to) the mental or physical disorder will make an applicant inadmissible. As previously stated, no diagnosis of a mental or physical disorder by itself provides a basis for inadmissibility. There must also be a determination made regarding current harmful behavior or a history of harmful behavior, associated with or caused by the disorder, and the likelihood of associated harmful behavior to recur, in order to provide basis for inadmissibility."

 

For Immigrant Visas, all applicants have to go to a Panel Physician anyways.

[Keith Hunter 2]

1 minute ago, HRQX said:

If there was no harmful behavior associated with the depression then you selected the correct answer on the ESTA. The CBP officer is NOT a mental health expert. https://www.cdc.gov/immigrantrefugeehealth/exams/ti/panel/mental-panel-technical-instructions.html "Only mental or physical disorders during which the applicant engages in or has engaged in harmful behavior that is associated with (due to) the mental or physical disorder will make an applicant inadmissible. As previously stated, no diagnosis of a mental or physical disorder by itself provides a basis for inadmissibility. There must also be a determination made regarding current harmful behavior or a history of harmful behavior, associated with or caused by the disorder, and the likelihood of associated harmful behavior to recur, in order to provide basis for inadmissibility."

 

For Immigrant Visas, all applicants have to go to a Panel Physician anyways.

One of the questions the CBP officer asked was if in the past I had any suicidal thoughts or tendencies, which I replied yes. 
 

I have had suicidal thoughts, but in no way did I see myself following them through.

 

Thanks for the speedy response!

[Keith Hunter 2]

I’m going to bump this as I’m still looking for more advice!

[Villanelle 4,121]

The advice @HRQX is accurate and there really isnt much more that can be said. You were not granted entry. Thats OK. You were attempting to enter as a tourist and were told no. Now you are attempting to get a spousal visa. There are different requirements for a spousal visa then a tourist visa. Your image says basically one of the reasons we arent letting you as a tourist because you have a relationship - well, to get a spousal visa you need to show you have a relationship. So dont assume the reasons you were denied as a tourist will also be reasons for you to be denied as a spouse. 

 

The medical reason provided does apply to a spousal visa as well but its nothing to panic about. As part of the spousal visa process you will need to get a medical done towards the end of the process. You pay for this medical out of pocket and will need to bring your medical records with you from your current doctor. It can be helpful for your Dr to provide a statement re your mental health. The Dr at the medical may refer you for psych eval (which you would pay for as well) which would be a 30 min to 1 hr session where you sit and talk to the psych dr and they will evaluate you to see if you are a danger to yourself or others. USCIS/CBP/Embassy Officers are not medical professionals and are not qualified to determine if you have a medical reason to deny your visa. They rely on actual medical proffessionals to make that determination (the Dr and psych Dr). Here is a link from the CDC explaining the medical- https://www.cdc.gov/immigrantrefugeehealth/exams/ti/civil/mental-civil-technical-instructions.html you can read through it to get an idea of what would disqualify you and what they are looking for.