Alyssa

thanks for your detailed reply. the onset of the psychosis was caused by taking the drug (so i believe), and rapid withdrawal caused me to reach my breaking point. basically i snapped at the first person who confronted me, and it resulted in the police being called. more words were exchanged than anything else, but the complainant said i hit him (that was already thrown out in court, the papers i have say "stopped proceedings" for the outcome). i think that's the same as withdrawn in Canada, but i'm neither knowledgeable nor an expert on our legal system.

my doctor thinks i can live a normal life with medication. so i guess you could say my condition is controlled by medication. i'm taking four different drugs to treat my mental health issues, each drug to correct a different symptom. the balance of the four drugs seems to be working fine, and i've been gainfully employed consistently for the past four years. (so i think that would prove that i'm not at risk for becoming a public charge).

it's looking almost hopeless to try for the visa, but i guess i won't know unless i try, right?

with all these problems i have, am i even allowed to visit my fiance in the US? i already know about having proof of return, ties to Canada, etc, etc. i'm concerned about the criminal situation and mental health issues. obviously the public charge thing won't apply if i'm going for a visit, i pressume having a job to return to alleviates that concern.

thanks again.

Alyssa

how does a waiver work? what kind of waiver do i need for mental health issues, and what about the criminal issue?

i've read laws that state that a single offence doesn't make me inadmissible to enter, but i don't know if they're talking conviction, or if the fact i have two charges and one conviction means the same thing as "two offences".

would one waiver cover both problems, and does my fiance need to prove extreme hardship for me to get one? i know the ideal situation (from their point of view) might be "let him come to Canada", but he's employed as a professional and changing jobs isn't the easiest thing to do. there's no guarantee he'll find work up here. whereas the kind of work i can do, i can do anywhere, in any country where English is the spoken/written language. basically i'm trained in nothing but unskilled labour. but at least i'm not a public charge.

Tracym

As I read the guidelines to panel physicians, I would NOT think it is hopeless for you from a mental health standpoint.

You would be scrutinized, certainly. But I would think you'd have a reasonable chance. Your "harmful behaviour" is unlikely to recur in my view, and perhaps caused by the drugs not your mental condition. And your condition is controlled by medication, and you are gainfully employed.

As I understand it, it is OK to have a mental health condition - just not one with associated harmful behaviour. And... was that behaviour really caused by your condition? very possibly not.

I'd really suggest you find an attorney to help you though - it sounds like the mental health stuff is significant, and I would think they would look at it closely.

I don't know on the criminal part (though an attorney can certainly guide you there too) but as it was only once and explainable, I would hope that could be overcome.

As far as visiting on the VWP - I believe the form does ask if you have a mental disorder.

Tracym

Do NOT post here and say you ticked "NO" on the form. If that is the case, discuss it only with your lawyer.

Tracym

My mistake. Apparently Canadian citizens do not use the VWP, they are just allowed to enter.

I can't find anywhere it says anything where it asks about mental health (or even criminal history for that matter) regarding the entry of Canadian citizens. Just says you have to prove citizenship.

Perhaps some of the Canadian ex-pats are more knowledgeable about this.

Alyssa

i assume they would ask with paperwork for the visa. as far as i know, there's no forms for visiting for Canadian. all you do is go up to the wicket and ask questions. my friend told me they asked about the pills she was carrying (they asked if she had medications along with food and other stuff they're looking for), and then asked her more questions (she took anti-depressants). i met my fiance in Canada, i've never been to the US, so i've never had the opportunity to fill in any forms yet. i'm assuming they ask if you have medications as a standard question, so they'll know if someone has a medical problem if they know what the pills are for. if they don't know, they're probably likely to ask "what do you use that for?" it's kind of intrusive, you'd think they wouldn't be able to pry like that. i only talk about my medication with my doctor, i don't tell my employer about it, they don't have a right to know.

Rete

Canadians with a criminal record must have a formal B-2 visa to visit the US. They cannot or rather should not just cross the border.

If you don't have a criminal record and cross the border by car and don't have to go to secondary to have your luggage or car inspected they will ask you the normal questions, i.e. where you are headed, how long, what are you bringing in with you, etc. The same for an American going into Canada.

If they see medication in your luggage or handbag, they have every right to inquire about the drugs and to see the pharmacy label. This is standard for both into Canada or the US. My Canadian in-laws were the ones to tell me about this that I must have my medicine bottle with me and not just the pills in a weekly use container.

Believe me they can be as intrusive as they wish and if you don't wish to answer you might not be entering.

They will not normally

Alyssa

thanks Rete.

i called the embassy some months ago to ask if i could get a visa to visit the US, and they said they don't do that for Canadians. i asked what to do if i had a criminal record, and they said i might need a waiver, but it would depend on the crime and other details. they suggested i wouldn't possibly know if i was admissible unless i tried to enter and got refused. then they gave me a phone number for an office in Buffalo, and told me i could only call for a couple hours a day, but the line was always busy.

they didn't tell me anything useful, like where to go or who to see about the waiver (to find out if i need one).

i'm too afraid to actually try and go, and my fiance said if they are under the wrong impression, that it could hurt my chances to get a visa.

Folinskyinla

Hi:

Canadians can NOT obtain non-immigrant visas from consulates other than in specified categories -- "E" and "K" come to mind.

To be sure, this is confusing -- even to immigration lawyers if they don't deal with Canadians all that much.

The VWP is an alternative to a visa. In contrast, Canadians are considered to have a non-immigrant visa already. For example, a Canadian attending a US school will obtain the I-20 and then present it at the Port of Entry.

Tracym

But she isn't eligible for the VWP right?

So what is the OP to do - attempt a crossing, and tell them of her history? or what...

souls canuck

absolutely do as much research as possible.. then research the lawyer. I hired a lawyer for a I-601 waiver for my K-1 in Toronto. At the end of the day it wasn't all that much money ($350 or something) but he was a complete tool and did not help AT ALL. We ended up doing the whole 601 ourselves and fired him (I was approved thru Dorval)

You're case is a little different so it would be wise to get someone who knows the drill.

Good Luck.. you're not out of the game yet.

Alyssa

can you explain to me what a 601 is and what it's used for? is this the waiver that you guys were talking about me needing for my mental health issues and criminal record? do I decide I need the waiver and file, or do I wait for rejection from the embassy first before filing? Do they give a 601 waiver only for the K-1, or can I get that first if I just want to visit before we go the K-1 route?

thanks in advance.

Tracym

You would wait to be rejected before you would file for a waiver. And you very possibly will not need one.

A 601 is a waiver of ineligibility - if they determine you are not elibigle for the visa under their rules, you would be asking for a waiver, to be let in anyway.

But again - Folinski said you possibly would be ok on the criminal grounds, and you might also be ok on the mental health grounds.

Get a good attorney to help you, and you may get through without requiring a waiver.