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How to answer question 40a on form DS-230. Old and resolved mental condition with self harm

Raleigh, NC |

My wife from the UK has a history of OCD which is treated successfully with antidepressants. In years past, she has had some self harm (cutting) she also abused alcohol in the past although I don't know if it is in her medical records. She has not had a drink for 4 years and has had no self harm or any hospitalizations for mental health in 3+ years. How do we answer 40a? The tense is confusing. She has had a condition but it now poses no reasonable threat to herself or others. Do we answer yes and get letters saying she's ok now, or do we assume since she is not a threat to herself or others now we can say no? We don't want to lie but don't want to add unnecessary difficulty to the process.
Thank you!

Attorney Answers 3


  1. Please consult with an attorney personally as this topic is too sensitive to discuss on a public forum and carries certain potential implications (bars to entry) if answered in certain ways on the form, during the immigrant visa interview, and before a civil surgeon conducting the medical exam.

    The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.


  2. I agree with Atty Tunitsky.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  3. I, too, agree.

    You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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