QUESTION

Will temporary confinement to a mental institution cause N-400 to be denied?

Asked on Oct 11th, 2015 on Immigration - Washington
More details to this question:
I am a US born citizen, my husband has been a permanent resident for over 15 years, and he would like to get his citizenship. He has been diagnosed as having schizoaffective disorder. Last year he travelled to his birth country to visit family, where he had a psychotic break and his mother called local police. They admitted him into a psychiatric hospital on a hold, he was there for one month and then released. Does he answer yes to any of the questions in Part 11: Additional information? Especially the question; Have you ever been declared legally incompetent or confined to a mental institution? If he answers yes will it cause him to be denied citizenship? Or put his permanent residence status in jeopardy?
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1 ANSWER

Based upon the information provided your husband would need to answer "yes" as he was confined to a mental institution in the past. His confinement in a mental institution will not result in an automatic denial of his application for naturalization, but it will make the case more difficult. Your husband will need to obtain records related to his confinement. It will need to be established that your husband is not a danger to himself or others. He will also need to establish he is competent to understand the oath. I encourage you to at least consult an attorney before filing. You can find more information on naturalization at http://myattorneyusa.com/immigration-law-and-practice/citizenship/citizenship-and-naturalization.
Answered on Oct 12th, 2015 at 5:14 AM

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