I am seeking help with the matter detailed below and will appreciate any help you can offer.
I was living in the US for the last 8 years and came home to Zimbabwe to visit family and also for my H1B stamping and the following ensued:
- Initially had my visa denied under INA 214(b) "due to lack of credibility for lying on application to cover up prior arrest in the United States”. I misread the question on the D160 and answered "no" to the question "Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?" as I believed the question was asking if I had been arrested for any criminal acts.
- Immigration lawyers submitted memo and my signed affidavit that stated that I did not willfully misrepresent in answering "no" to this question. Consulate replied "We are concerned with Mr. xxx’s lies on his DS-160 regarding his alcohol related arrests. More significantly, we are very concerned with his demonstrated abuse of alcohol and his obstruction of a police officer while intoxicated. We intend to assess this matter in view of 212(a)(1)(A)(3). We will advise him when we are prepared to conduct this assessment through our Panel Physician."
- When I don't hear from embassy I write to them and am told "At this time we are still we are still conducting training with our Panel Physicians. Once we have completed the training we will notify you about how to proceed.”
- Then told "There is no set date as we are in the process of identifying a well-qualified PSYCHIATRIST to conduct the assessment on this matter of significant import."
- As there is a panel physician on the embassy's books I ask why that doctor can't perform the assessment and am told that the embassy is looking for panel PSYCHIATRIST "“with an intimate knowledge of U.S. norms related to alcohol incidents” and that their panel physician is not qualified to do this assessment. Finding a panel psychiatrist that meets their criteria is something that could take an awful long time in Zimbabwe
I was initially denied under 214(b) on January 17, 2012 and it is now May 13, 2012. My main question is why should I be evaluated by a panel PSYCHIATRIST first when the foreign affairs manuals call for a panel PHYSICIAN to make this determination? I have tried to get this case transferred to another country (where such physicians are present) but I was refused and I am stuck, please help?