I 360 approved , will I need medical waiver ?

[hazeleyes]

After nearly 2 years my Vawa petition (I360) was approved and I'm now in the process of Adjusting Status.

During my abusive marriage I voluntarily ended up in hospital (pysche ward) for about 5 days because I could not deal with my husbands cruelty. The day I came out, the abuse continued and I took 6 sleeping tablets and two glasses of Vodka and orange because I wanted to sleep. Not knowing how strong the tablets really were I collapsed on the floor and went to the ER. It was not a suicide attempt.

This happened in Dec 2004/Jan 2005. I now have my AOS medical next week and I'm really worried that I will have to fill out a medical waiver because of what happened. The irony being, that this was part of why the I 360 was approved and now it may be a reason for a waiver. Due to the abuse, I suffered from PTSD, but do not anymore ,and I'm just being treated for mild depression and anxiety. My doctor wrote a letter but according to my attorney it was terrible. It addressed the fact that I no longer having PTSD and have mild depression but did not state what the PTSD related to.

Has anyone had to file a medical waiver becasue of this?

H.

[kitkat1]

Based on the law, you *may* need a waiver. However, since you are already in the country you would not be required to leave during waiver processing. You should have a consult with a qualified attorney to be sure you understand what you *may* be facing. Good luck.

http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html


Classes of Aliens Ineligible to Receive Visas

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

[Lulu]

Was the incident listed in your medical records as a suicide attempt? Is there any indication of that? How was it treated/handled?

As kitkat said, you may or may not need a waiver. Try to go prepared to argue your case. According to the law she posted:

(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 but you do not have any disorder...

(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

Be prepared at the interview to prove that you do not have any disorders currently, and that any past mental issues have little or no likelihood to recur. Have your attorney draft a letter for your doctor, then ask your doctor to use it as a guideline to re-write a letter for you. I drafted a letter for my doctor, and she used it word-for-word, had her assistant type it up and just signed it. Maybe that would get you what you need.