Jadenjewel

Its nice to see someone who is honest and seeking help, it takes courage to do this on a public forum. Its a large weight for you both I'm sure. I have no helpful advice other than to seek some legal counsel and I hope there is someone out there who has access to that info in the US for you and your family. Honesty will serve you well!
I hope things will work out in the best way for all of you.
Found a song that might help in the times it feels overwhelming.
All the best!

Congrats to Todd&Paije, PixelUlu, Jill & Jeff and jdm2006 and VandJ too! FINALLY another group marching through Montreal! Yahoo

Glad this finally got a good conclusion for you!!!

Hey everybody waiting I just checked when I got my interview date and it was this day last month. So be ready as I had less than 3 weeks to my interview!
I hope all the June group get to finish this part of the process before the Christmas holidays.

Its nice to see someone who is honest and seeking help, it takes courage to do this on a public forum. Its a large weight for you both I'm sure. I have no helpful advice other than to seek some legal counsel and I hope there is someone out there who has access to that info in the US for you and your family. Honesty will serve you well!
I hope things will work out in the best way for all of you.
Found a song that might help in the times it feels overwhelming.
All the best!

Hi,
I think we all feel distressed after a long wait, not meaning to jump on anyone. Hopes and dreams are on hold. Nothing out of the ordinary has held up our file. Bad timing, wrong persons desk where it was buried under files. The cost emotionally and monetarily rises with each passing month. In the biggerpicture of life and problems itsan inconvenience. I'm sorry if you felt jumped on with your question. Hopefully things will speed up and actually most here are good people who are supportive and have a sense of humor.that's how you survive this process- eh everyone! Sorry, excuse us eh! Lol

Hi,
On form Ds230 it asks:
a. a. An alien who has a communicable disease of public health significance; who has failed to present documentation of having received vaccinations in accordance with U.S. law; who has or has had a physical or mental disorder that poses or is likely to pose a threat to the safety or welfare of the alien or others; or who is a drug abuser or addict.
THAT POSES OR IS LIKELY TO POSE ..... IS IN THE CURRENT TENSE AND IS ASKING IF IT STILL POSES A THREAT, as you will see in the government circular, below.
Only you are able to answer this question. If you are in doubt ask your physician for clarification of your diagnosis. Do you feel you are a danger to yourself or others? If no, you have answered truthfully in my opinion and further questions may come up at your medical interview for which you can supply documentation from your current Dr. and if needed go for another medical exam at the request of the US immigration Dr.
I too in the past suffered from depression, and was incorrectly diagnosed. With proper treatment I have had no further problems. I do not take any anti-depressants and so I am not under treatment for depression. Unfortunately having a mental health illness is still viewed as it was in the dark ages. It is nothing to be ashamed of. In this world we live in there are many things to be depressed about. The government recognizes this as seen in this circular:
EFFECTS OF INA 212(a)(1)(A)(iii)AND INA 212(a)(1)(A)(iv) (CT:VISA-1452; 07-19-2010)
a. The medical screening for physical and mental disorders with associated harmful behaviors and substance-related disorders for visa applicants is required by law and is an essential component of the medical evaluations of aliens. INA sections 212(a)(1)(A)(iii) (8 U.S.C. 1182(a)(1)(A)(iii)) and 212(a)(1)(A)(iv) (8 U.S.C. 1182(a)(1)(A)(iv)) provide grounds of ineligibility related to physical or mental disorders that affect behavior, and substance addiction or abuse.
b. The mere presence of a physical or mental disorder does not by itself render the applicant ineligible. Under the provisions of INA 212(a)(1)(A)(iii)(I) and (II), (8 U.S.C. 1182(a)(1)(A)(iii)(I) and (II)) in order to find an applicant ineligible, it must be determined that the applicant:
(1) Has a current physical or mental disorder with associated harmful behavior; or
(2) Has a past physical or mental disorder with associated harmful behavior if the harmful behavior is likely to recur or lead to other harmful behavior in the future.
c. Note that harmful behavior is not a relevant factor in rendering a determination of ineligibility under the provisions of INA 212(a)(1)(A)(iv) (8 U.S.C. 1182(a)(1)(A)(iv)). Further, an immigrant visa (IV) waiver of inadmissibility is not available to an alien who is diagnosed with substance abuse or addiction.
For a Class "A" determination under Section INA 212(a)(1)(A)(iv) (8 U.S.C. 1182(a)(1)(A)(iv)) for Drug (Substance) Abuse or Drug Addiction (Dependence), an applicant must meet current DSM diagnostic criteria for substance dependence or abuse with any of the specific substances listed in Schedules I through V of Section 202 of the Controlled Substances Act. Such a Class "A" medical determination by a panel physician, renders the applicant ineligible for a visa under INA 212(a)(1)(A)(iv) (8 U.S.C. 1182(a)(1)(A)(iv)).
NOTE: An applicant that meets current DSM criteria for substance abuse or dependence for other substances, including alcohol, NOT listed in Schedules I through V of Section 202 of the Controlled Substance Act is not Class "A" (medical). However, if there is associated harmful behavior, the applicant may be classified as Class "A" and found inadmissible under INA 212(a)(1)(A)(iii)(I) and/or (II) (8 U.S.C. 1182(a)(1)(A)(iii)(I) and/or (II)).
Substances used for clinical care in medical practice are not prohibited and do not represent substance abuse.
d. For cases previously refused under INA 212(a)(1)(A)(iii) (8 U.S.C. 1182(a)(1)(A)(iii)) and INA 212(a)(1)(A)(iv) (8 U.S.C. 1182(a)(1)(A)(iv)) due to a Class "A" medical finding:
(1) If the last refusal on the case was less than one year ago, send the applicant to the panel physician for a new medical examination to determine whether the Class "A" finding for physical and mental disorders with associated harmful behaviors and/or substance- related disorders still applies. A new medical is required, regardless of whether the previous exam has expired. If the applicant is found Class "B", overcome/waive the INA 212(a)(1)(a)(iii) or (iv) (8 U.S.C. 1182(a)(1)(a)(iii) or (iv)) refusal and send a CLOK request. If the applicant is otherwise eligible, then you may issue the visa.
(2) If the last refusal on the case was more than one year ago, then the applicant must reapply for a visa, complete a new medical examination with a panel physician, and pay all applicable fees. If the applicant is found Class "B", then overcome/waive the INA 212(a)(1)(a)(iii) or (iv) (8 U.S.C. 1182(a)(1)(a)(iii) or (iv)) refusal and send a CLOK request. If the applicant is otherwise eligible, then you may issue the visa.
9 FAM 40.11 N11.1 Key Concepts of Mental Health
(CT:VISA-1452; 07-19-2010)
a. Physical and Mental Health Disorder Key Concepts:
(1) A physical disorder is a clinically diagnosed medical condition where the focus of attention is physical manifestations. Only medical conditions that are included in the current version of the World Health Organization's Manual of International Classification of Diseases (ICD) are considered for visa medical exams.
(2) Mental disorders are health conditions that are characterized by alterations in thinking, mood, or behavior (or some combination thereof). Only mental disorders that are included in the current version of the World Health Organization's Manual of International Classification of Diseases (ICD) are considered for visa medical exams.
(3) Harmful behavior is defined as an action associated with a physical or mental disorder that is or has caused:
(a) Serious psychological or physical injury to the alien or to others (e.g., suicide attempt or pedophilia);
(b) A serious threat to the health or safety of the alien or others
(e.g., driving while intoxicated or verbally threatening to kill someone); and
© Major property damage.
(4) Current harmful behavior is defined as currently engaging in harmful behavior that has continuously occurred and seems ongoing.
(5) A determination of future harmful behavior must be made if the applicant presently is or has in the past engaged in harmful behavior associated with a physical or mental disorder, and the panel physician must evaluate whether the harmful behavior is likely to recur. Many factors enter into this determination of classification, and the decision requires clinical judgment.
NOTE: Only harmful behavior that is associated with a physical or mental disorder is relevant for the classification of visa ineligibility. Neither harmful behavior nor the physical or mental disorder alone causes an alien to be medically ineligible.
In general:
(1) To establish any substance-related diagnosis, the examining physician must document the pattern or use of the substance and behavioral, physical, and psychological effects associated with the use or cessation of use of that substance;
(2) Substance dependence, either on alcohol or other psychoactive substances, is characterized by compulsive long-term use of the substance, despite significant substance-related physical, psychological, social, occupational, or behavioral problems;
(3) Substance abuse is characterized by a pattern of recurrent substance use despite adverse consequences or impairment;
(4) The current version of the DSM defines sustained, full remission as a period of at least 12 months during which no substance use or associated harmful behavior have occurred. The panel physician has discretion to use their clinical judgment to determine if 12 months is an acceptable period of time for an individual applicant to demonstrate sustained, full remission. Remission must be considered in two contexts:
(a.) general mental disorders; and
(b.) substance-related disorders.
(1) For general mental disorders, the determination of remission must be made based on the assessment of associated harmful behavior, either current or a history of harmful behavior judged likely to recur, and DSM criteria. This includes substance-related disorders for those substances, including alcohol, not listed in Schedules I through V of Section 202 of the Controlled Substances Act.
(2) For substance-related disorders for those substances listed in Schedule I through V of Section 202 of the Controlled Substances Act, the determination of remission must be made based on applicant's substance use and DSM criteria.
The practical significance for diagnosis of remission is that applicants who are or have been determined to be Class "A" for drug abuse or addiction for those substances listed in Schedule I through V of Section 202 of the Controlled Substance Act are not eligible for a waiver and must complete the time period for sustained, full remission before reapplying for admission.
HOPEFULLY THIS INFO WILL HELP. IT TAKES COURAGE TO SEEK HELP FOR DEPRESSION MANY WHO NEED IT DON'T AND THAT'S WHEN THERE IS A PROBLEM!!!!
That is why people like Katie Couric and others are speaking out about depression.
All the best to you

Hi,
On form Ds230 it asks:
a. a. An alien who has a communicable disease of public health significance; who has failed to present documentation of having received vaccinations in accordance with U.S. law; who has or has had a physical or mental disorder that poses or is likely to pose a threat to the safety or welfare of the alien or others; or who is a drug abuser or addict.
THAT POSES OR IS LIKELY TO POSE ..... IS IN THE CURRENT TENSE AND IS ASKING IF IT STILL POSES A THREAT, as you will see in the government circular, below.
Only you are able to answer this question. If you are in doubt ask your physician for clarification of your diagnosis. Do you feel you are a danger to yourself or others? If no, you have answered truthfully in my opinion and further questions may come up at your medical interview for which you can supply documentation from your current Dr. and if needed go for another medical exam at the request of the US immigration Dr.
I too in the past suffered from depression, and was incorrectly diagnosed. With proper treatment I have had no further problems. I do not take any anti-depressants and so I am not under treatment for depression. Unfortunately having a mental health illness is still viewed as it was in the dark ages. It is nothing to be ashamed of. In this world we live in there are many things to be depressed about. The government recognizes this as seen in this circular:
EFFECTS OF INA 212(a)(1)(A)(iii)AND INA 212(a)(1)(A)(iv) (CT:VISA-1452; 07-19-2010)
a. The medical screening for physical and mental disorders with associated harmful behaviors and substance-related disorders for visa applicants is required by law and is an essential component of the medical evaluations of aliens. INA sections 212(a)(1)(A)(iii) (8 U.S.C. 1182(a)(1)(A)(iii)) and 212(a)(1)(A)(iv) (8 U.S.C. 1182(a)(1)(A)(iv)) provide grounds of ineligibility related to physical or mental disorders that affect behavior, and substance addiction or abuse.
b. The mere presence of a physical or mental disorder does not by itself render the applicant ineligible. Under the provisions of INA 212(a)(1)(A)(iii)(I) and (II), (8 U.S.C. 1182(a)(1)(A)(iii)(I) and (II)) in order to find an applicant ineligible, it must be determined that the applicant:
(1) Has a current physical or mental disorder with associated harmful behavior; or
(2) Has a past physical or mental disorder with associated harmful behavior if the harmful behavior is likely to recur or lead to other harmful behavior in the future.
c. Note that harmful behavior is not a relevant factor in rendering a determination of ineligibility under the provisions of INA 212(a)(1)(A)(iv) (8 U.S.C. 1182(a)(1)(A)(iv)). Further, an immigrant visa (IV) waiver of inadmissibility is not available to an alien who is diagnosed with substance abuse or addiction.
For a Class "A" determination under Section INA 212(a)(1)(A)(iv) (8 U.S.C. 1182(a)(1)(A)(iv)) for Drug (Substance) Abuse or Drug Addiction (Dependence), an applicant must meet current DSM diagnostic criteria for substance dependence or abuse with any of the specific substances listed in Schedules I through V of Section 202 of the Controlled Substances Act. Such a Class "A" medical determination by a panel physician, renders the applicant ineligible for a visa under INA 212(a)(1)(A)(iv) (8 U.S.C. 1182(a)(1)(A)(iv)).
NOTE: An applicant that meets current DSM criteria for substance abuse or dependence for other substances, including alcohol, NOT listed in Schedules I through V of Section 202 of the Controlled Substance Act is not Class "A" (medical). However, if there is associated harmful behavior, the applicant may be classified as Class "A" and found inadmissible under INA 212(a)(1)(A)(iii)(I) and/or (II) (8 U.S.C. 1182(a)(1)(A)(iii)(I) and/or (II)).
Substances used for clinical care in medical practice are not prohibited and do not represent substance abuse.
d. For cases previously refused under INA 212(a)(1)(A)(iii) (8 U.S.C. 1182(a)(1)(A)(iii)) and INA 212(a)(1)(A)(iv) (8 U.S.C. 1182(a)(1)(A)(iv)) due to a Class "A" medical finding:
(1) If the last refusal on the case was less than one year ago, send the applicant to the panel physician for a new medical examination to determine whether the Class "A" finding for physical and mental disorders with associated harmful behaviors and/or substance- related disorders still applies. A new medical is required, regardless of whether the previous exam has expired. If the applicant is found Class "B", overcome/waive the INA 212(a)(1)(a)(iii) or (iv) (8 U.S.C. 1182(a)(1)(a)(iii) or (iv)) refusal and send a CLOK request. If the applicant is otherwise eligible, then you may issue the visa.
(2) If the last refusal on the case was more than one year ago, then the applicant must reapply for a visa, complete a new medical examination with a panel physician, and pay all applicable fees. If the applicant is found Class "B", then overcome/waive the INA 212(a)(1)(a)(iii) or (iv) (8 U.S.C. 1182(a)(1)(a)(iii) or (iv)) refusal and send a CLOK request. If the applicant is otherwise eligible, then you may issue the visa.
9 FAM 40.11 N11.1 Key Concepts of Mental Health
(CT:VISA-1452; 07-19-2010)
a. Physical and Mental Health Disorder Key Concepts:
(1) A physical disorder is a clinically diagnosed medical condition where the focus of attention is physical manifestations. Only medical conditions that are included in the current version of the World Health Organization's Manual of International Classification of Diseases (ICD) are considered for visa medical exams.
(2) Mental disorders are health conditions that are characterized by alterations in thinking, mood, or behavior (or some combination thereof). Only mental disorders that are included in the current version of the World Health Organization's Manual of International Classification of Diseases (ICD) are considered for visa medical exams.
(3) Harmful behavior is defined as an action associated with a physical or mental disorder that is or has caused:
(a) Serious psychological or physical injury to the alien or to others (e.g., suicide attempt or pedophilia);
(b) A serious threat to the health or safety of the alien or others
(e.g., driving while intoxicated or verbally threatening to kill someone); and
© Major property damage.
(4) Current harmful behavior is defined as currently engaging in harmful behavior that has continuously occurred and seems ongoing.
(5) A determination of future harmful behavior must be made if the applicant presently is or has in the past engaged in harmful behavior associated with a physical or mental disorder, and the panel physician must evaluate whether the harmful behavior is likely to recur. Many factors enter into this determination of classification, and the decision requires clinical judgment.
NOTE: Only harmful behavior that is associated with a physical or mental disorder is relevant for the classification of visa ineligibility. Neither harmful behavior nor the physical or mental disorder alone causes an alien to be medically ineligible.
In general:
(1) To establish any substance-related diagnosis, the examining physician must document the pattern or use of the substance and behavioral, physical, and psychological effects associated with the use or cessation of use of that substance;
(2) Substance dependence, either on alcohol or other psychoactive substances, is characterized by compulsive long-term use of the substance, despite significant substance-related physical, psychological, social, occupational, or behavioral problems;
(3) Substance abuse is characterized by a pattern of recurrent substance use despite adverse consequences or impairment;
(4) The current version of the DSM defines sustained, full remission as a period of at least 12 months during which no substance use or associated harmful behavior have occurred. The panel physician has discretion to use their clinical judgment to determine if 12 months is an acceptable period of time for an individual applicant to demonstrate sustained, full remission. Remission must be considered in two contexts:
(a.) general mental disorders; and
(b.) substance-related disorders.
(1) For general mental disorders, the determination of remission must be made based on the assessment of associated harmful behavior, either current or a history of harmful behavior judged likely to recur, and DSM criteria. This includes substance-related disorders for those substances, including alcohol, not listed in Schedules I through V of Section 202 of the Controlled Substances Act.
(2) For substance-related disorders for those substances listed in Schedule I through V of Section 202 of the Controlled Substances Act, the determination of remission must be made based on applicant's substance use and DSM criteria.
The practical significance for diagnosis of remission is that applicants who are or have been determined to be Class "A" for drug abuse or addiction for those substances listed in Schedule I through V of Section 202 of the Controlled Substance Act are not eligible for a waiver and must complete the time period for sustained, full remission before reapplying for admission.
HOPEFULLY THIS INFO WILL HELP. IT TAKES COURAGE TO SEEK HELP FOR DEPRESSION MANY WHO NEED IT DON'T AND THAT'S WHEN THERE IS A PROBLEM!!!!
That is why people like Katie Couric and others are speaking out about depression.
All the best to you

Okay so I'll admit I am a health nut and pay attention to the news. I'm not gullible but I've watched first hand how environmental substances can harm your health.
This affects all of us! So I'm posting this link with the hope of helping even a few who watch it!
http://www.cnn.com/S.../toxic.america/