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Greg Siskind on Immigration Law and Policy

CONSULATES TO CRACK DOWN ON DRUNK DRIVING CONVICTIONS

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The State Department has issued a memo to all consular posts on how to treat individuals with drunk driving arrests and convictions. The consulate notes that while a drunk driving conviction may not in and of itself bar entry as a criminal offense, it could indicate ineligibility under Section 212(a)(1)(A)(iii) as evidence of a mental or physical disorder that may jeopardize the safety of the alien or others.

Consular officers must send the applicant back to a panel physician for additional evaluation if 1) an applicant has a single drunk driving arrest in the prior three years or two arrests overall or 2) any convictions.

Physicians are then to determine if the applicant is an alcohol abuser and whether they currently engage in harmful behavior or their history indicates a likelihood of repeating the harmful behavior.

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Comments

  1. sorrymistake's Avatar
    Hi Greg, i had a dwi arrest more than three years ago, but the case was dissmissed in the court last year. do you think i should be worried. i just only had one arrest. i understand it was a horrible mistake on my part and i will never ever repeat it again.
    Thanks
  2. Greg Siskind's Avatar
    I presume you'll be okay, but according to the memo you'll need to get the all clear from a panel physician if you consular process during the three period from the point of the arrest.
  3. Anon's Avatar
    No patience here for "horrible mistakes" involving drinking and driving. Immigration issues aside, stop putting other people's lives in danger!!!

    If I were the consulate I wouldn't let anyone with a recent DWI back in the country. You are suppose to be on best behavior as a guest.
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