Past History
CLASSIFICATION:
-
Under INA 212(a)(1). Health-related grounds.
-
Under INA 212(a)(1)(A). In general.
-
Under INA 212(a)(1)(A)(iii). Physical or mental
disorder.
-
Under INA 212(a)(1)(A)(iii)(II). Past history.
-
Alcohol abuser or addict.
BRIEF DESCRIPTION: The beneficiary
was an alcohol abuser or addict.
DETAILS: Alien is inadmissible (under
this ground) only if:
-
the alien has history of behavior associated with the disorder,
-
the behavior has posed a threat to the property, safety, or welfare of
the alien or others, and
-
the behavior is likely to recur or to lead to other harmful behavior.
DEFINITIONS: None.
FILING DATE RESTRICTIONS: None.
EXCEPTIONS: None.
SPECIFIC WAIVERS: Under
INA 212(g)(3). Terms, conditions and controls, if any, are in discretion
of INS (after consultation with the HHS).
GENERAL
WAIVERS
CLASSIFICATION:
-
Under INA 212(a)(1). Health-related grounds.
-
Under INA 212(a)(1)(A). In general.
-
Under INA 212(a)(1)(A)(iii). Physical or mental
disorder.
-
Under INA 212(a)(1)(A)(iii)(II). Past history.
-
Alcohol abuser or addict.
-
Conviction for Driving Under Influence (DUI) of alcohol.
BRIEF DESCRIPTION: The beneficiary
has been convicted for Driving Under the Influence (DUI) of alcohol – while
not prohibited from driving.
DETAILS: DUI is not among explicitly
referred grounds of inadmissibility. However,
1. Alcoholism is considered a mental disorder.
2. Alien is inadmissible (under this ground) only if:
-
the alien has history of behavior associated with the disorder (conviction
for DUI is considered an evidence of such behavior),
-
the behavior has posed a threat to the property, safety, or welfare of
the alien or others (conviction for DUI is considered an evidence of such
behavior), and
-
the behavior is likely to recur or to lead to other harmful behavior (thus,
to avoid inadmissibility, the beneficiary must present evidence that DUI
is not likely to recur and not likely to lead to other harmful behavior).
DEFINITIONS: None.
FILING DATE RESTRICTIONS: None.
EXCEPTIONS: None.
SPECIFIC WAIVERS: Under
INA 212(g)(3). Terms, conditions and controls, if any, are in discretion
of INS (after consultation with the HHS).
GENERAL
WAIVERS