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Nonimmigrant/Immigrant visa applicants with prior arrest/conviction for crimes involving violence require psychiatric evaluation by panel physician

  • January 1, 2018
150 150 Murthy Immigration Services

Impact of mental health and harmful behavior on U.S. visa application:

As our regular readers may be aware, applicants with psychological/mental health issues are subject to a mandatory psychiatrist evaluation by an approved panel physician before the visa can be issued. If the applicant has been found to have both psychological/mental health issues and harmful behavior, they will be found inadmissible to receive the visa pursuant to INA §212(a)(1)(A). However, applicant(s) with only psychological/mental health issues or harmful behavior may still be eligible to receive his/her visa(s) provided there is no other inadmissibility.

Psychiatrist evaluation required for visa applicants with crimes involving physical violence or harmful Behavior:

Our regular readers may be aware that all nonimmigrant/immigrant visa applicants with prior arrest/conviction for driving while intoxication or substance use must undergo psychiatric evaluation by panel physician ahead of visa issuance. In this article, we wish to bring to attention of our readers that applicants with prior arrest/conviction for crimes involving violence or harmful behavior must undergo psychiatric evaluation by the panel physician. This process is not new; however, we have recently had enquiries to our office to confirm if this process was recently introduced. The applicants must be aware that if the psychiatric evaluation indicates that the applicant has any physical or mental disorder (other substance-related disorder) with harmful behavior or history of such behavior likely to recur, s/he may be found inadmissible based on health and medical grounds.

Applicants with criminal conviction or arrests are generally evaluated for inadmissibility based on criminal activity, criminal convictions and related activities pursuant to INA §212(a)(2)(A)(i).

We suggest the applicants with prior arrest/convictions have their police and court records reviewed by an immigration attorney ahead of their visa application to understand if there could be any potential inadmissibility.