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Filed: Other Country: Austria
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I'm currently trying to complete my N-400 Form but I'm having trouble getting paperwork for one of the questions.

Part 11 number 5

Have you ever been declared legally incompetent, or been confined to a mental institution?

If you answer "yes" to any of the questions, Include a written explanation on an additional sheet of paper and provide any evidence to support your answer.

When I was 17 I used to cut myself and children services took custody. I was first placed into a youth shelter and then a children's mental hospital. That was back in 2003, since I was a minor I never got any paperwork for my records. I can't even remember that hospitals name, or in what city it was. When I was 18, I was admitted to an adult mental hospital, but children services where still my legal guardian, so again I never got any paperwork work. I tried to call children's services for 2 days, being on hold for over 1 hour each time, without getting anywhere. When I finally got someone to answer my call, I was told they can't help me, and I got passed around to 9 other numbers to call. No one was able to give me an answer. I'm not sure what to do? Should I answers yes, and write the explanation on how I couldn't get those records, or should I answer no? Would something like that get me not approved? Should I just file for a renewal of my green card, since it seems less of a headache, or would I be able to explain myself if I end up getting an interview? I don't wanna loose $680 if I can't get approved just because I can't get those records.

Filed: Citizen (apr) Country: Egypt
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Posted (edited)

I'm currently trying to complete my N-400 Form but I'm having trouble getting paperwork for one of the questions.

Part 11 number 5

Have you ever been declared legally incompetent, or been confined to a mental institution?

If you answer "yes" to any of the questions, Include a written explanation on an additional sheet of paper and provide any evidence to support your answer.

When I was 17 I used to cut myself and children services took custody. I was first placed into a youth shelter and then a children's mental hospital. That was back in 2003, since I was a minor I never got any paperwork for my records. I can't even remember that hospitals name, or in what city it was. When I was 18, I was admitted to an adult mental hospital, but children services where still my legal guardian, so again I never got any paperwork work. I tried to call children's services for 2 days, being on hold for over 1 hour each time, without getting anywhere. When I finally got someone to answer my call, I was told they can't help me, and I got passed around to 9 other numbers to call. No one was able to give me an answer. I'm not sure what to do? Should I answers yes, and write the explanation on how I couldn't get those records, or should I answer no? Would something like that get me not approved? Should I just file for a renewal of my green card, since it seems less of a headache, or would I be able to explain myself if I end up getting an interview? I don't wanna loose $680 if I can't get approved just because I can't get those records.

This is not a permanent bar to citizenship. The purpose of this question is to ensure that you are mentally competent to take the oath of citizenship and that you'll be able to understand the obligations that you are signing up for when you become a citizen. There are two ways you can handle this. First, you can demonstrate that you are now mentally competent. This can be done either by showing that the past incidents were isolated cases, or perhaps by providing a medical letter from a psychiatrist who has evaluated you recently. The second alternative is to apply for a waiver based on mental disability. I have no experience in this area but I imagine that a former choice would probably be easier. There are some advice on the following website:

http://www.nolo.com/legal-encyclopedia/filling-out-uscis-form-n-400.html

The important thing is to be honest on the application form. Your interviewer may or may not dig further into this issue, which is why having recent medical references would be helpful. Your question about being able to get documentation related to the original incidents is a good one; The interviewers usually like to see documentation of all issues so I would advise trying to get that documentation, but if it is unavailable there's not much you can do. Personally I would go ahead and try applying anyway. You do risk losing the $680, but I do not think that there is a high-risk of that. Besides, if you choose to renew your green card you will need to renew it every few years and the cost of renewal is only likely to go up in the future.

Edited by JimmyHou

For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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