DUI and the Immigration Medical Exam
Driving under the influence (DUI) is a serious offense with long-lasting consequences, particularly for those navigating the immigration process. When applying for a green card, you must disclose any DUI convictions or related offenses to immigration officials.
This information is crucial for officials to determine your eligibility to enter the United States. In some cases, a DUI conviction may result in temporary or permanent inadmissibility. Therefore, it's essential to understand how a DUI can impact your immigration status when seeking a green card.
How Does USCIS View DUI?
The United States Citizenship and Immigration Services (USCIS) classifies alcoholism and alcohol use disorders (abuse or dependence) as physical or mental conditions. If you have such a condition and engage in harmful behavior that endangers yourself, your property, or others' safety, you may be deemed inadmissible to the United States.
The green card application process includes a medical examination to screen for potential disorders, including alcoholism. Driving under the influence is considered harmful behavior. Consequently, if you're diagnosed with alcoholism or an alcohol use disorder, your DUI offense—combined with the disorder—may be grounds for health-related inadmissibility.
Factors That Can Affect Your Qualification
Several DUI-related factors may render you inadmissible to the United States:
Convictions for one or more crimes of moral turpitude (CMTs)—intentional crimes considered severely unethical and against societal norms.
Convictions for two or more crimes resulting in a combined sentence of at least five years' imprisonment.
Drug or alcohol addiction, which may lead to inadmissibility on medical grounds.
Conviction for a crime involving a controlled substance or admission to a controlled substance violation, even without a conviction.
A single DUI conviction without aggravating factors typically doesn't meet the criteria for inadmissibility. However, multiple DUIs or DUIs with aggravating circumstances may render you inadmissible to the United States.
What happens during an immigration medical exam?
The examining physician will inquire about any history of legal drug misuse, illegal drug use, alcohol abuse, and DUI arrests. They'll also ask about harmful behaviors such as self-harm, violence towards others, DUI offenses, or substance abuse-related criminal activities, including theft or prostitution.
If you have a history of alcohol or drug abuse, the doctor will thoroughly question you about the frequency and quantity of your use. If you're no longer using, they'll ask about the date of your last use.
Here are the possible outcomes:
The examining physician or civil surgeon will evaluate all available information, including your interview responses, questionnaire answers, physical exam results, and their professional judgment. They'll use the latest edition of the Diagnostic and Statistical Manual of Mental Disorders to determine if you have a substance use disorder.
If they conclude you don't have a disorder, you'll be classified as in remission. This means your last instance of drug or alcohol abuse was at least a year ago, you haven't engaged in harmful behavior, or the doctor believes you're unlikely to do so in the future. In this case, you'll be classified as Class B, and your application process can proceed.
Class A (Medically Disqualified): Individuals currently or recently addicted to drugs or alcohol will be medically disqualified.
DUI and Immigration: How to Qualify Despite DUIs
Here's how to improve your chances of obtaining a green card, even with two or more DUIs on your record:
Show You've Changed: Complete required alcohol education programs, maintain a clean driving record, and demonstrate positive life changes. This could include being a model employee, engaging in community or religious activities, and other actions that showcase your good character.
Get Help from an Immigration Lawyer: If you're facing DUI charges, consulting a criminal defense lawyer can provide valuable insights into your legal options for successfully navigating the immigration process.
Get Ready for the Medical Exam: If an applicant fails the medical exam due to substance abuse, they typically have an opportunity to retake it later. The applicant and the civil surgeon can collaborate on a rehabilitation plan, usually lasting a year and involving regular random testing for the specific substance.