Wednesday, January 29, 2014

New strict standard for inadmissibility for alocholism based on DUI

Under a new USCIS directive, one arrest for DUI within the past five years qualifies you for an evaluation as to whether you have an alcohol based disorder, which is a condition posing a threat to self or others.

Applicants for admission who have physical or mental disorders and harmful behavior associated with those disorders are inadmissible.INA 212(a)(2)(A)(iii).

Alcohol is not listed in Section 202 of the Controlled Substances Act. Therefore, alcohol use disorders are treated as a physical or mental disorder for purposes of determining inadmissibility. As a result, an applicant with an alcohol use disorder will not be deemed inadmissible unless there is current associated harmful behavior or past associated harmful behavior likely to recur. The harmful behavior must be such that it poses, has posed, or is likely to pose a threat to the property, safety, or welfare of the applicant or others.


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But is this really new? As another attorney just pointed out to me, this has been part of the Foreign Affairs Manual for a while. See 9 FAM 40.11 N11.2.

Is what is new is that USCIS will be applying the policy in the US?

Posted by: Kathleen M. Gillespie | Jan 29, 2014 1:09:40 PM

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