Successful Adjustment of Status for Woman with Severe Mental Health Disorder

Our client hired us to file an adjustment of status application for her mother, who had arrived in the U.S. without permission and resided here for decades. Based on the fact that an aunt had filed an immigration application for the mother before April 30, 2001, we were able to take advantage of 245(i) eligibility. This allowed us to pay a $1000 fine so that the mother was still eligible for receiving her greencard in the U.S. (INA 245(i) is a law that forgives unlawful entries as well as other eligibility problems for foreign nationals who are beneficiaries of immigration petitions filed before April 30, 2001.)
The more challenging issue, however, with the application was that the mother suffered from severe schizophrenia. Under INA 212(a)(1)(iii), a foreign cannot be admitted to the U.S. if they have a mental disorder that could or has posed a threat to property, to other persons, or to himself or herself. Additionally, the condition was severe enough that the mother was incapable of answering questions related to her application.

To deal with this issue, we first reviewed her health records to make sure there was no evidence that she posed a risk to herself or others. Next, we had her treating physician prepare a letter attesting to the fact that she was not a threat and that her family was ensuring that she received proper medical treatment.

At the USCIS interview, the officer accepted our evidence and found that this ground of inadmissibility did not apply to her. Additionally, after a legal discussion, the officer agreed that an interview was not appropriate given her condition and immediately approved her case. She is now a permanent resident of the United States.