Q: Can a person who suffers from a mental illness apply for and be granted a B2 Visa (US Tourist Visa) ?
My sister would like to apply for a B2 Visa to visit me for the first time. But over 3 years ago she was diagnosed with a mental illness. She’s been under treatment ever since and has successfully managed her condition. Would she still be considered inadmissible under INA 212 (a) (1) (A) (iii)? If so, what type of non-immigrant waiver of inadmissibility she can file for or other documents she can provide so that her visa could be granted?
A:
Please note, first of all, that there are two elements to this inadmissibility ground:
1) Being diagnosed and exhibiting the behavior of a physical or mental disorder; that
2) Has, or may a threat to the safety of him/herself, others, property, welfare, etc.
In other words, it’s not all mental illness. Whether or not she is eligible for a visa will depend on what the illness is and how well under control she has it.
There is a waiver for certain grounds of inadmissibility that are filed in connection with nonimmigrant visas.
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