I suffered from a mental illness and had a mental disability card. I went to a doctor in my home country who then diagnosed me as healthy. My family has the required amount of funds for an EB-5 investment and I would like to apply, but I am worried that the mental illness will result in an application denial. How will a history of mental illness affect my EB-5 immigration eligibility?
It should not. Your doctor has given you a clean bill of health and that should suffice.
Only present or past mental disorders associated with harmful behavior or that pose a significant risk of harm to others would render you inadmissible. You should consult with an experienced immigration attorney who can advise you what you will need in terms of medical clearance for your immigrant visa process.
It will you not affect your EB-5 application, but may affect your ability to obtain an immigrant visa after the EB-5 approval. Depending on the specific illness, you may or may not be deemed inadmissible to the United States, and if so, you may or may not qualify for a waiver. You should consult with an immigration attorney and discuss your background in detail.
A past mental health issue will not impede the approval of the I-526 immigrant visa petition. However, when the stage is set for the interview at the U.S. consulate of your home country, you will be required to receive additional mental health screening from Panel Physicians to evaluate the degree of your recovery, and whether it falls under certain type of diseases that bar you from entering the United, and whether you qualify for a waiver. You might want to consult with an experienced attorney prior to the investment.
You will need to pass an immigration physical with the consular designated civil surgeon. You could do a preliminary medical exam with that office before applying if you have any concerns.
It would depend on what kind of mental illness and whether you have any criminal issues that arose from that illness. There is a question on DS-260, Immigrant Visa application, "Do you have a mental or physical disorder that poses or is likely to pose a threat to the safety or welfare of yourself or others?" I would advise you to consult with an experienced EB-5 attorney who also has some deportation or removal case experience to get a thorough evaluation of your case.
Mental illness is a grounds of inadmissibility that could result in your not being able to receive lawful permanent residence (a green card). It does not affect whether the petition would be granted, only whether you would be permitted to actually immigrate to the United States. Whether your previous mental illness would affect your immigration case depends on many factors and would have to be reviewed by an immigration attorney.
You will have to be admissible to the United States to be issued an EB-5 visa. The precise details of your mental illness may be relevant to whether you can be admitted. You may wish to share those details with the attorney helping you with this process.
Mental illness alone will not render you inadmissible. However, if your illness makes you a danger to others it may be a problem. Have an immigration lawyer evaluate your case.
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