Substance Use, Health-Related Inadmissibility and Waivers

By Andrew J. Stevenson*

case initially seemed straightforward, even predictable, to you. But then something
unexpected happened at the medical examination.

He explains: “Well… um… the doctor really focused in on some questions when
I went in. A couple of months back, I was at my neighbor’s, and there were some drugs
there. When the doctor asked if I had ever done illegal drugs, I said, ‘well, not me, but I

was at my neighbor’s, you know, this party, and I didn’t do any but they were there
around me. Since I didn’t do any, they shouldn’t show up on any test, but I was right

there, so…’ The doctor asked me again if I had ever done any drugs, and I said, ‘well,
yeah, not that time, but I did just try marijuana a couple of times. That was about a year
ago, though; since then, never again, and I never got charged or convicted of anything. Is

this going to be a problem for my case???”

The short answer for this client is: yes, it could be a problem and it may even

result in denial of his case. In fact, any applicant for U.S. immigration benefits who has

even a minor history of substance use may be subjected to scrutiny upon consular
processing of their visa or adjustment of status. This is not only limited to applicants
who have a history of drug use, but may also include applicants who have struggled with
alcoholism. DOS and USCIS have also recently increased scrutiny on applicants with a

history of arrests or convictions for alcohol-related offenses, including Driving Under the
Influence (DUI).