INADMISSIBILITY

While not 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.

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).

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).