Substance Use, Health-Related Inadmissibility and Waivers
February 12, 2010 by Thomas Esparza
Filed under Attorneys
By Andrew J. Stevenson*
The apprehension in the silence on your client’s end of the phone is palpable. His
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).
