Ineligible for Health Reasons 212(a)1A3

[Mia and Scott 25]

Hello, I hope someone can help me! My husband was labeled a Class A risk by the medical people because of an arrest 8 years ago involving alcohol. They asked for a letter from his GP for more information on his mental state, which we provided and that stated he was of sound mind and health. The medial people determined this as insufficient and went ahead with the Class A label anyways. He received a letter today stating his was ineligible and that we may be able to file a waiver. Does anyone have any information on how to go about this and what our next steps are? Any information would be greatly appreciated. Thank you. 

[Boiler 45,664]

Has he had his interview, it is not up to the medical people to determine his inadmissibility, that would be determined by the Consulate.

 

I am not even sure if there is a waiver for this, I would have thought you would need to show the finding to be incorrect.

 

Do you have a Lawyer.

Edited November 29, 2021 by Boiler

[Mia and Scott 25]

13 minutes ago, Boiler said:

Has he had his interview, it is not up to the medical people to determine his inadmissibility, that would be determined by the Consulate.

 

I am not even sure if there is a waiver for this, I would have thought you would need to show the finding to be incorrect.

 

Do you have a Lawyer.

Yes, he did have his interview. They discussed the arrest and weren’t bothered by it at the interview. They hadn’t received his medical info yet because the medical people had requested more info from his GP. When they got the extra info from his GP the medical people deemed in insufficient and still went forward with the Class A classification. They are trying to say he has an ongoing mental disorder because of an arrest 8 years ago!! We can’t figure out how they can say he has a current ongoing condition after meeting him for 30min and looking at records from 8 years ago!! 

[Mia and Scott 25]

17 minutes ago, Boiler said:

Has he had his interview, it is not up to the medical people to determine his inadmissibility, that would be determined by the Consulate.

 

I am not even sure if there is a waiver for this, I would have thought you would need to show the finding to be incorrect.

 

Do you have a Lawyer.

And yes, we’ve hired a lawyer now. I just wanted to know if anyone else has experienced this and what their outcome was. 

[Boiler 45,664]

Seems he was not refused for the criminal issue, but for the medical.

 

If a waiver is available it should have said on the documentation he was given.

[Boiler 45,664]

Not everything is waiverable,  not sure I have seen a medical issue like this waived, now most criminal issues can be.

[Mia and Scott 25]

13 minutes ago, Boiler said:

Not everything is waiverable,  not sure I have seen a medical issue like this waived, now most criminal issues can be.

The medical people have tried to say that he has a “current, ongoing mental disorder that poses a threat.” - we’re trying to figure out how they can justify it as a current, ongoing issues when they received a letter from his GP stating it is not an ongoing issue, he also hasn’t had any arrests or hospitalizations or been on any medications for over 8 years. The medical center had the option to request a full psychological evaluation but they didn’t. So we feel that he was unfairly labeled a Class A risk because there is no viable proof that he has any ongoing, current conditions. 
 

We are happy to have him fully evaluated if that’s what they want but it seems unfair to label him without having done all available testing. 

[Boiler 45,664]

I think more and more that this is not a waiver situation.

 

Closest I can think of is where we see ladies with self harm histories but this case seems to be on the basis of a potential threat to others.

[Mia and Scott 25]

10 minutes ago, Boiler said:

I think more and more that this is not a waiver situation.

 

Closest I can think of is where we see ladies with self harm histories but this case seems to be on the basis of a potential threat to others.

Our lawyer seems to think we have a case. I’m just trying to find out if anyone else has been through anything like this. The medical people have suggested my husband abstain from

alcohol for a year and sign up for random alcohol testing. He’s willing to do this but I think it’s preposterous because he does not have an alcohol or mental disorder. Their basis for this ruling is entirely misguided and inaccurate. 

[Boiler 45,664]

Your Lawyer has the big advantage of knowing the details of the case.

 

Abstaining for a year and being regularly tested is what we tend to see with cases involving recent MJ consumption.

[carmel34 3,639]

We rarely see cases like yours here on VJ, so I hope someone who has been through a similar process will reply.  Sounds like you are on the right path, hopefully your attorney has experience with these situations.  The law on health-related inadmissibility (212 (a)) is quite complicated but not impossible.  Good luck!

 

(g) Bond and conditions for admission of alien inadmissible on health-related grounds

 

The Attorney General may waive the application of-

(1) subsection (a)(1)(A)(i) in the case of any alien who-

(A) is the spouse or the unmarried son or daughter, or the minor unmarried lawfully adopted child, of a United States citizen, or of an alien lawfully admitted for permanent residence, or of an alien who has been issued an immigrant visa,

(B) has a son or daughter who is a United States citizen, or an alien lawfully admitted for permanent residence, or an alien who has been issued an immigrant visa; or

(C) is a VAWA self-petitioner,

 

in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in the discretion of the Attorney General after consultation with the Secretary of Health and Human Services, may by regulation prescribe;

(2) subsection (a)(1)(A)(ii) in the case of any alien-

(A) who receives vaccination against the vaccine-preventable disease or diseases for which the alien has failed to present documentation of previous vaccination,

(B) for whom a civil surgeon, medical officer, or panel physician (as those terms are defined by section 34.2 of title 42 of the Code of Federal Regulations) certifies, according to such regulations as the Secretary of Health and Human Services may prescribe, that such vaccination would not be medically appropriate, or

(C) under such circumstances as the Attorney General provides by regulation, with respect to whom the requirement of such a vaccination would be contrary to the alien's religious beliefs or moral convictions; or

(3) subsection (a)(1)(A)(iii) in the case of any alien, in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in the discretion of the Attorney General after consultation with the Secretary of Health and Human Services, may by regulation prescribe.

[Boiler 45,664]

We do see vaccine waivers,  that would be the I 601.

 

This is a different situation, I mentioned MJ, TB sort of comes into the same sort of situation where testing is required. 

[Lemonslice 4,886]

Years ago, I remember a member with a similar situation.  I will try to find the thread.

 

Not this one, older: 

 

[Mia and Scott 25]

52 minutes ago, Lemonslice said:

Years ago, I remember a member with a similar situation.  I will try to find the thread.

 

Not this one, older: 

 

Thank you, I just read through this one and it seems fairly similar. 

[dwheels76 5,468]

2 hours ago, Mia and Scott said:

Our lawyer seems to think we have a case. I’m just trying to find out if anyone else has been through anything like this. The medical people have suggested my husband abstain from

alcohol for a year and sign up for random alcohol testing. He’s willing to do this but I think it’s preposterous because he does not have an alcohol or mental disorder. Their basis for this ruling is entirely misguided and inaccurate. 

It seems like what you got is like what they do in cases like Marijuana use where you have to do counseling, random testing for 1 year then come back for interview in 1 year. Don;t think this is a waiver issue.
For whatever reason whatever you husband said to doctor made him think he is a risk. I have seen the same issue with people who smoked pot 25 years prior and had to do the 1 year thing suggested.