How consular officer are instructed to handle cases where an applicant as drunk driving hits.
Consular both generally become aware of drunk driving arrest and conviction after receiving the results of fingerprints taken when applicant has a “hit” on one or more of their database. While a drunk driving conviction is not statutory visa ineligibility, a conviction may indicate that further investigation is needed to determine whether not the Applicant may in fact be in eligible under the Immigration and Nationality Act. The portion of the act could render an individual in eligible is an applicant who has a physical or mental disorder and demonstrates behavior associated with the disorder that may pose, or has pose, a threat to the property, safety, or welfare of the alien or others.
In the case of an immigrant visa applicant consular officers now must refer the applicant back to the panel physician for additional evaluation in two circumstances. The first being an applicant has a single drunk driving arrest or conviction within the last three calendar years. The second circumstance being two or more drunk driving arrest or conviction in any time period. In addition to those two circumstances consulate officers must also refer applicants the panel positions if there’s any other evidence to suggest an alcohol problem.
In order for an applicant to be found in eligible under the INA section 212 (a) (1) (A) (iii) the physician findings must include:
1. Diagnosis of a mental disorder (which would include alcohol abuse); and
2. Current harmful behavior associated with mental disorder or history of harmful behavior associated with mental disorder this judge likely to recur in the future.
Where to get help
At Geygan and Geygan, we focus our practice on immigration matters so we are uniquely qualified to help you and your family. Success with immigration matters, including the consular processing, requires a full understanding of the facts, the immigration law and the current policies. Please contact our office to discuss how we can help you. All conversations are confidential.
It’s easy to get help. Call or email our immigration lawyers today (Thomasjr@geygan.com.) We will gently walk you through your immigration issues and aggressively fight for your legal rights. Call Geygan & Geygan today: 513-793-6555.