51-50 and citizenship

[speakamericano]

o

 

[Jackolantern]

You need to answer YES to that question. It says "have you ever been declared legally incompetent or been confined to a mental institution within the last five years". Notice the OR in the middle. Even if you weren't declared legally incompetent, you were confined to a mental institution.

If you already submitted the N-400, you can correct this in the interview. Don't forget to correct it, because you will be in trouble if you leave the answer as NO and they find you out.

Being declared legally incompetent or put in a mental institution during the past 5 years doesn't automatically disqualify you from naturalization. They analyze each situation on a case by case basis. Be sure to obtain the paperwork related to it -- court papers if you were confined by a court order, and the hospital papers showing how long you were supposed to stay and when you were discharged.

Here is the relevant part of the law:
http://law.justia.com/us/cfr/title08/8-1.0.1.3.68.html

§ 316.12 Applicant's legal incompetency during statutory period.

(a) General. An applicant who is legally competent at the time of the examination on the naturalization application and of the administration of the oath of allegiance may be admitted to citizenship, provided that the applicant fully understands the purpose and responsibilities of the naturalization procedures.

(b) Legal incompetence. Naturalization is not precluded if, during part of the statutory period, the applicant was legally incompetent or confined to a mental institution.

(1) There is a presumption that the applicant's good moral character, attachment, and favorable disposition which existed prior to the period of legal incompetency continued through that period. The Service may, however, consider an applicant's actions during a period of legal incompetence, as evidence tending to rebut this presumption.

(2) If the applicant has been declared legally incompetent, the applicant has the burden of establishing that legal competency has been restored. The applicant shall submit legal and medical evidence to determine and establish the claim of legal competency.

(3) The applicant shall bear the burden of establishing that any crimes committed, regardless of whether the applicant was convicted, occurred while the applicant was declared legally incompetent.

 

[speakamericano]

thank you dear jack. that's what i was thinking