While considering your application for a visa, the U.S. Citizenship and Immigration Services, or USCIS, can consider your mental health. If you have a mental disorder, it is possible that you could be barred from legal entry. Before applying, here is what you need to know.
Why Are You Inadmissible?
The USCIS could label you as inadmissible if you have a mental disorder that has been clinically diagnosed and the disorder has behavior associated with it that could pose a threat to the safety and welfare of others and their property.
Even if you do not disclose your disorder on the initial application, you still have to undergo a medical examination if you are petitioning for an employment or family based visa. As a result, hiding the diagnosis is not possible.
If you do have a mental disorder that would normally bar you from entry, you can apply for a waiver from the USCIS that could override the inadmissibility status.
How Do You Apply for the Waiver?
In order to be approved for the waiver, you have to provide documentation to the USCIS that shows what type of disorder you have and whether or not it can be controlled by medical and psychological treatment.
If the disorder is associated with a possibility of exhibiting dangerous behavior, you need statements from treating physicians that state medical intervention can prevent the behavior. A detailed plan of treatment should accompany your request.
If you have exhibited dangerous behavior in the past, you need to present evidence that it is unlikely that the behavior will reoccur. When providing documentation, the more evidence you can provide the better.
In addition to providing information about your mental disorder, you need to show that you have financial support once you arrive to the country. The USCIS wants to be sure that you can not only pay for expenses, such as rent and utilities, but you can also afford to pay for medical care. The government discourages the use of public assistance.
The application for the waiver and the affidavit of financial support can be obtained through the USCIS. It is important to note that there are fees associated with submitting the waiver and affidavit.
Due to the complexities of your case, it is important to consult with an experienced immigration attorney. He or she can review your mental health history and put together the necessary documentation to apply for a waiver.
To learn more, contact a law firm like Lynn Jackson Shultz & Lebrun PC.Share