INADMISSIBILITY

While Prohibited from Driving

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.

• Under INA 212(a)(1). Health-related grounds.
• Under INA 212(a)(1)(A). In general.
• Under INA 212(a)(1)(A)(iv). Drug abuser or addict.
• Conviction for Driving Under Influence (DUI) of drugs.

• Under INA 212(a)(2). Criminal and related grounds.
• Under INA 212(a)(2)(A). Conviction of certain crimes.
• Under INA 212(a)(2)(A)(i). In general.
• Under INA 212(a)(2)(A)(i)(I). A crime involving moral turpitude.
• Conviction for Driving Under Influence (DUI) of a combination of alcohol and drugs – while prohibited from driving.

DETAILS: DUI is not among explicitly referred grounds of inadmissibility. However,

1. Alcoholism is considered a mental disorder.

2. Drug abuse or addiction is among grounds of inadmissibility.

3. Simple Driving under Influence (DUI) is not considered a Crime involving Moral Turpitude (CMT). In contrast, DUI while prohibited from driving is considered a Crime involving Moral Turpitude (CMT).

For more information, see Physical or mental disorder
or addict
Moral Turpitude (CMT)