Alcoholism: a reason for the refusal of the green card

Website design By BotEap.comAre you applying for an immigrant visa with a US consul, or for adjustment of status to a lawful permanent resident with the United States Citizenship and Immigration Services (USCIS) or before the immigration judge?

Website design By BotEap.comTo be admitted as an immigrant, you must show that you do not have any health-related grounds of inadmissibility.

Website design By BotEap.comUnder Section 212(a)(1) of the Immigration and Nationality Act, in connection with the 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 posing, or has posed, a threat to the property, safety, or welfare of the alien or others, is impermissible.

Website design By BotEap.comAnd under the interpretations prescribed by the Secretary of HHS, alcohol abuse/dependence resulting in drink driving may serve as the basis for determining that an alien has a mental disorder associated with harmful behavior, which in turn time may be the basis for a finding. of inadmissibility under Section 212(a)(1)(A)(iii) of the Act.

Website design By BotEap.comUSCIS Memo to Directors:

Website design By BotEap.comWilliam R. Yates, USCIS Associate Director of Operations, issued on January 16, 2004 the Memorandum Regarding Request for Medical Reexamination: Aliens Involved in Significant Alcohol-Related Driving Incidents and Similar Scenarios. It was aimed at Regional Directors, Directors of Service Centers and District Directors.

Website design By BotEap.comThe aforementioned Memorandum provides policy guidance for determining inadmissibility on 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.

Website design By BotEap.comReiterates the authority of USCIS field offices to require that certain applicants for immigration benefits with a history of alcohol-related driving incidents be re-examined by a civil surgeon to ensure they are not inadmissible on health-related grounds.

Website design By BotEap.comIt cites data provided by the Centers for Disease Control and Prevention (CDC) that drunk driving has caused more than 17,000 deaths a year, more than 500,000 injuries, and more than $51 billion in property damage. .

Website design By BotEap.comCriminal record of alcohol-related driving:

Website design By BotEap.comIn the course of adjudicating applications for immigration benefits, USCIS officers require or find criminal records from the FBI or State Department of Justice indicating arrests and/or convictions for alcohol-related driving incidents, such as driving under the influence (DUI), punishable under Section 23152 of the California Vehicle Code.

Website design By BotEap.comAccording to the aforementioned Memorandum, the criminal record may or may not rise to the level of a criminal ground of inadmissibility under section 212(a)(2) of the Act. In fact, driving under the influence of alcohol is not a crime that involves moral turpitude, pursuant to section 212(a)(2)(i)(I) of the Act.

Website design By BotEap.comBut the same Memorandum provides 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 Law, such as a physical or mental disorder with associated harmful behaviour.

Website design By BotEap.comThe determination that there is a health-related ground of inadmissibility is made by the USCIS adjudication officer, based on the findings of a civil surgeon (licensed physician) who performed the alien’s medical examination.

Website design By BotEap.comExams performed by civilian 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).

Website design By BotEap.comCivil surgeon consultations include:

Website design By BotEap.com(1) certainty of the alien’s state of mind;

Website design By BotEap.com(2) detection of the presence of any mental disorder; and

Website design By BotEap.com(3) use of alcohol and other psychoactive substances.

Website design By BotEap.comIf a diagnosis of alcohol abuse or alcohol dependence (each of which is a medically classifiable mental disorder) is made by a civil surgeon, and there is evidence of harmful behavior associated with the disorder (such as driving under the influence), a Class A medical condition it must be certified by the examining civil surgeon on the Report of Medical Examination of Alien Seeking Adjustment of Status, Form I-693.

Website design By BotEap.comAnd based on said 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.

Website design By BotEap.comMedical Reexamination Procedure:

Website design By BotEap.comIf the Form I-693 medical report from the civil surgeon does not establish an alcohol-related driving incident, because the alien did not report it; and subsequently, a criminal record print from a fingerprint check reveals a significant history of alcohol-related driving arrests, the USCIS officer will require the alien applicant to be reexamined.

Website design By BotEap.comThe medical re-examination will be limited to a mental status evaluation, specifically considering the history of alcohol-related driving incidents.

Website design By BotEap.comThe civilian physician 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.

Website design By BotEap.comIf the designated civil surgeon determines that a Class A medical condition (alcohol abuse or alcohol dependence as a mental disorder) exists, he or she must amend the Form I-693 medical report accordingly. And the USCIS officer will determine that the alien is inadmissible.

Website design By BotEap.comHowever, the inadmissible alien may file an application for a waiver of inadmissibility for health 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 the waiver, to allow adjustment of status to lawful permanent resident.

Website design By BotEap.comGuideline for medical reexamination:

Website design By BotEap.comThe aforementioned Memorandum highlights that “only applicants with a significant criminal history of alcohol-related driving incidents that were not considered by the civil surgeon during the original medical examination should be referred for reexamination.”

Website design By BotEap.comAnd as a guide to policy, a significant criminal record of alcohol-related driving incidents includes:

Website design By BotEap.com1) 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);

Website design By BotEap.com2) one or more arrests or convictions for driving under the influence, where the incident(s) resulted in personal injury or death;

Website design By BotEap.com3) one or more convictions for driving under the influence, when the conviction was a felony in the jurisdiction where the incident occurred, or where a sentence of imprisonment was imposed;

Website design By BotEap.com4) two or more arrests or convictions for driving under the influence, within the previous two years; gold

Website design By BotEap.com5) Three or more DUI arrests or convictions, where an arrest or conviction occurred within the previous two years.

Website design By BotEap.comThe moral of this article is: Don’t drink and drive!