Alcoholism: A Ground for Green Card Denial
Are you applying for an immigrant visa with a US consul, or for adjustment of status to lawful permanent resident with the United States Citizenship and Immigration Services (USCIS) or before the immigration judge?
To be admitted as an immigrant, you must show that you do not have any health-related grounds of inadmissibility.
Under Section 212(a)(1) of the Immigration and Nationality Act, in connection with regulations of the Secretary of Health and Human Services (HHS), an alien who is determined to have behavior associated with a mental disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, is inadmissible.
And under the interpretations prescribed by the Secretary of HHS, alcohol abuse/dependence resulting in drunk driving can serve as a basis for determining that an alien has a mental disorder associated with harmful behavior, which in his or her can sometimes be the basis for a finding. of inadmissibility under Section 212(a)(1)(A)(iii) of the Act.
USCIS Memo to Directors:
William R. Yates, USCIS Associate Director of Operations, issued the January 16, 2004 Medical Reexamination Request Memorandum: Aliens Involved in Significant Alcohol-Related Driving Incidents and Similar Scenarios. It was aimed at Regional Directors, Directors of Service Centers and District Directors.
The aforementioned Memorandum provides policy guidance for determining inadmissibility under the health-related grounds of Section 212(a)(1) of the Act, in cases where an applicant for immigration benefits has a significant history of alcohol-related driving incidents.
Reiterates the authority of USCIS field offices to require certain applicants for immigration benefits with a history of alcohol-related driving incidents to be re-examined by a civil surgeon to ensure they are not inadmissible on health-related grounds.
It cites data provided by the Centers for Disease Control and Prevention (CDC) that driving under the influence of alcohol has caused more than 17,000 deaths a year, more than 500,000 injuries and more than $51 billion in property damage. .
Alcohol Related Driving Criminal History:
In the course of adjudicating applications for immigration benefits, USCIS officers require or find criminal records from the FBI or the State Department of Justice indicating arrests and/or convictions for alcohol-related driving incidents, such as driving under the influence of alcohol. the influence (DUI), punishable under Section 23152 of the California Vehicle Code.
According to the aforementioned Memorandum, the criminal record may or may not rise to the level of criminal grounds of inadmissibility under section 212(a)(2) of the Act. In fact, driving under the influence of alcohol is not an offense that implies moral turpitude, according to section 212(a)(2)(i)(I) of the Act.
But the same Memorandum states that a record of criminal arrests and/or convictions for alcohol-related driving incidents may constitute prima facie evidence of health-related inadmissibility under section 212(a)(1)(A)(iii). of the Act, such as a physical or mental disorder with associated harmful behaviour.
The determination that a health-related ground of inadmissibility exists is made by the USCIS adjudication officer, based on the findings of a civil surgeon (licensed physician) who performed the alien’s medical examination.
Examinations performed by civil surgeons are governed by the Technical Instructions for Medical Examinations of Aliens in the United States published by the Centers for Disease Control and Prevention (CDC).
Civil surgeon consultations include:
(1) certainty of the alien’s state of mind;
(2) detection of the presence of any mental disorder; Y
(3) use of alcohol and other psychoactive substances.
If a civil surgeon makes the diagnosis of alcohol abuse or dependence (each of which is a medically classifiable mental disorder) and there is evidence of harmful behavior associated with the disorder (such as driving under the influence), a Class A medical condition must be certified by the examining civil surgeon on the Report of Medical Examination of Alien Seeking Adjustment of Status, Form I-693.
And based on such certified Class A status on the Form I-693 medical report, the USCIS officer will determine that the alien is inadmissible and therefore ineligible for adjustment of status to lawful permanent resident.
Medical Reexamination Procedure:
If the civil surgeon’s Form I-693 medical report does not establish an alcohol-related driving incident, because the alien failed to report it; and subsequently, a criminal history printout from a fingerprint check reveals a significant history of alcohol-related driving arrests, the USCIS officer will require the alien applicant to be re-examined.
The medical reexamination will be limited to a mental status evaluation, specifically considering history of alcohol-related driving incidents.
The civil surgeon may, in turn, refer the foreign applicant to a psychiatrist or substance abuse disorder specialist for further evaluation, as provided in the CDC Technical Instructions.
If the designated civil surgeon determines that a Class A medical condition exists (alcohol abuse or alcohol dependence as a mental disorder), he or she will need to amend the Form I-693 medical report accordingly. And the USCIS officer will determine that the alien is inadmissible.
However, the inadmissible alien may file a request for a waiver of inadmissibility for health-related reasons on Form I-601 under Section 212(g)(3) of the Act, which authorizes USCIS to establish terms, conditions, and checks, including the posting of a bond, on resignation, to allow adjustment of status to lawful permanent resident.
Guideline for medical re-examination:
The aforementioned Memorandum highlights that “only applicants with significant criminal histories of alcohol-related driving incidents that were not considered by the civil surgeon during the original medical examination should be referred for re-examination.”
And as a guide to policy, a significant criminal record for alcohol-related driving incidents includes:
1) one or more arrests or convictions for alcohol-related driving (Driving Under the Influence/Driving While Intoxicated) while the driver’s license was suspended, revoked, or restricted at the time of the incident(s);
2) one or more arrests or convictions for driving under the influence of alcohol, where the incident(s) resulted in personal injury or death;
3) one or more convictions for driving under the influence of alcohol, where the conviction was a felony in the jurisdiction where the incident occurred, or where a prison sentence was imposed;
4) two or more arrests or convictions for driving under the influence of alcohol, within the previous two years; Prayed
5) three or more arrests or convictions for driving under the influence of alcohol, where an arrest or conviction occurred within the previous two years.
The moral of this article is: Don’t drink and drive!