Drug Addiction, Alcoholism, and Immigration Medical Exams

All applicants for immigrant visas, as well as certain non-immigrant applicants, are required to undergo a medical exam performed by a civil surgeon that has been designated by authorities to be qualified to administer the exams. During the exam, physicians are allowed (and sometimes required) to ask questions about an applicant’s prior or current drug and alcohol use. Pursuant to 42 CFR 34.1, medical examinations are allowable for a.) aliens applying for a visa at an embassy or consulate outside the United States; b) aliens arriving in the United States; c.) aliens required by immigration officials to have a medical exam in connection with determination of their admissibility; and d.) aliens applying for adjustment of status in the US.

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DUI and US Citizenship: Good Moral Character Standards

Although most immigration attorneys would agree that a single DUI, by itself, should not result in a finding of lack of good moral character in connection with a citizenship application, an examination of US immigration statues, regulations, and guidelines will not reveal any standard definition for good moral character. While Immigration & Nationality Act (INA) section 101(f) contains a list of factors that would preclude a finding of good moral character, it doesn’t mean that other negative attributes cannot torpedo a naturalization case.

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Drug-Related Grounds of Criminal Inadmissibility into the United States

If a foreign national triggers one of the US immigration drug-related criminal grounds of inadmissibility (section 212(a)(2) of the Immigration & Nationality Act), he or she could be permanently barred from entering the US. Most drug-related criminal inadmissibility is potentially waivable for non-immigrant visas. Many of those who have been convicted of drug offenses, however, find that immigrant waivers are very hard to come by.

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Deportation of Foreign Nationals due to Crimes such as Drug Charges

The United States Department of Homeland Security (DHS) is responsible for securing our nation’s borders. Customs & Border Patrol (CBP) is in charge of deciding, ultimately, which foreign nationals are allowed to enter the US, and which items can be brought in. Border agents are particularly concerned with stopping people who are attempting to cross the border without inspection (EWI), as well preventing illicit drugs from entering the country for illegal distribution. CBP is also charged with ensuring that those who arrive at ports of entry are eligible to visit, live or work in America and are not inadmissible. If CBP finds that a foreign national is not admissible to the United States, he or she will be "removed" and sent back home. Some will be afforded a hearing before an immigration judge to plead their case; others will not be. Refusal of entry at the border is one type of the immigration enforcement action we call "deportation".

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Immigration Consequences of Driving Under the Influence (DUI)

As an immigration attorney, I consult with potential clients by phone daily. When I first started out, I would often be unpleasantly surprised to find that a seemingly uncomplicated case became incredibly complicated once the client got around to disclosing his or her past misdeeds. Now I ask about criminal history, especially related to drugs and alcohol, right off the bat. I also encourage green card holders with no criminal record or immigration problems to naturalize as soon as possible so that future problems do not have negative immigration consequences.

Drunk driving laws are different in each country and, thus, aliens who come to the US and drive while under the influence may not realize that they are putting their ability to immigrate to the US in the future at risk. Conversely, US citizens often find themselves inadmissible to foreign countries based on their own criminal histories.

While simple DUI cases involving aliens rarely make the news, cases involving celebrity defendants often do. Scott Weiland, lead singer for the rock band Stone Temple Pilots, recently learned first-hand the effects that DUI can have on immigration in foreign countries. Arrested on November 21, 2007 by the California Highway Patrol for DUI, he was sentenced to 192 hours of jail time at the Van Nuys jail. Weiland did not appear at his arraignment, but rather entered a plea of "no contest" to misdemeanor DUI with a prior conviction through his attorney. He was just over the legal limit. In addition to fines and participation in an alcohol program, he was sentenced to four years of probation. His other band, Velvet Revolver, was forced to cancel scheduled appearances in Japan due to concerns of the effect Weiland’s multiple arrests to have on his ability to enter Japan.

Unless you are a citizen of the United States, driving under the influence here could get you deported, barred from re-entering the US for a period of time, or prevent you from becoming a green card holder or citizen. Inexperienced criminal defense attorneys make tragic errors when advising clients on DUI matters, often failing to take into consideration the ramifications a particular plea or conviction will have on the immigrant’s legal status in the US. Unfortunately, the criminal justice and immigration systems often do not intersect enough to make these dangers known to defendants who either defend themselves or have an inexperienced defense attorney.

Immigration status has little effect on the punishment received for a DUI, but for the possibility of enhanced penalties for driving without a license, proper registration, or proof of insurance. Typical DUI penalties include loss of driving privileges (if you had them in the first place), fines, mandatory attendance at alcohol classes, and possibly jail time. Recently, states began requiring installation of an ignition interlock device (IID) prior to reinstatement of a driver’s license. Some states will reduce or eliminate some of the penalties if you attend an alcohol treatment center. Penalties increase in intensity with subsequent DUIs.

Each state has its own drunk driving laws and, therefore, the affect a DUI conviction will have on your immigration status could depend on where you were when you were pulled over. And not all convictions will immediately result in negative immigration consequences. For instance, a DUI might not affect a green card holder unless he applied for citizenship.

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Dangers of OxyContin Presented to the FDA

With the number of people abusing and becoming addicted to OxyContin rising at an alarming rate, addiction experts are warning the FDA that action needs to be taken to address the problem.

Steve Hayes, director of Novus Medical Detox Center, and Larry Golbom, host of Prescription Addiction Radio, testified before the FDA on May 27, 2009 about the need to impose Risk Evaluation Mitigation Strategies on opioids like OxyContin.

During the testimony, Golbom explained that the molecular structure of oxycodone (the active ingredient of OxyContin) is nearly identical to heroin and that the effects are practically the same. He also stated that Purdue Pharma, the manufacturer of OxyContin, has been convicted of lying to the public and doctors about the addictive qualities of OxyContin. In addition, he introduced the website www.BanOxycontin.com and read testimonies from people who have been directly affected by OxyContin, including losing loved ones because of it. … Continue Reading